Landman's Legal Handbook Table of Contents - Landman Insider.com

Landman’s Legal Handbook Table of Contents

By:    | 21 Mar 2014
Landman's Legal Handbook

Below you will find the table of contents for the Landman's Legal Handbook that is published by the Rocky Mountain Mineral Law Foundation.  They graciously provided me a copy of the handbook to review for Landman Insider. 

Please have a look at the other books I recommend and have reviewed.

​If you'd like to read a copy of the review for this book, click here.

 

LANDMAN’S LEGAL HANDBOOK

5th ed.

TABLE OF CONTENTS

 

CHAPTER 1 GENERAL RULES RELATING TO THE PREPARATION, EXECUTION,

ACKNOWLEDGMENT, AND RECORDING OF INSTRUMENTS AFFECTING

REAL PROPERTY

§ 1.01 Preparation of Instruments

 [1] Parties, Names, and Signatures

 [2] Consideration

 [3] Conveyance Language

[a] General Warranty Deed

[b] Special Warranty Deed

[c] Quitclaim Deed

[d] Bargain and Sale Deed

 [4] Legal Description

§ 1.02 Execution of Instruments

 [1] Appropriate Party

[a] Marital Property

 [i] Community Property

 [ii] Tenancy by the Entirety

[b] Joint Tenancy

[c] Tenants in Common

[d] Life Tenant and Remainderman

[e] Contracts for Deed and Mortgages

[f] Term Mineral Interest

[g] Perpetual or Term Royalty Interest

 [2] Execution

[a] Agents and Attorneys-in-Fact

[b] Associations (Religious, Cooperatives, Lodges, Educational, Non-Profits)

[c] Corporations

[d] Estates (Personal Representatives, Executors, Administrators)

[e] General Partnerships

[f] Individuals

[g] Limited Liability Companies

[h] Limited Partnerships

[i] Minors and Incompetents

[j] Proprietorships

[k] Trusts

[l] Signatures by Mark

§ 1.03 Acknowledgment of Instruments

 [1] Purpose of Acknowledgments

 [2] Form Acknowledgments

§ 1.04 Recording of Instruments

 [1] Purpose

 [2] Procedure

 [3] Priority

 [4] Errors and Mistakes in Recording

§ 1.05 Recordings Relating to Unpatented Federal Mining Claims

 

CHAPTER 2 OIL AND GAS LEASES

§ 2.01 Introduction

§ 2.02 Fee Leases

 [1] Lease Forms

 [2] Components and Preparation of the Lease Form

 [3] Additional Clauses

[a] Pugh Clause

[b] Drilling and Delay Rental Clause

§ 2.03 Federal Leases

 [1] Generally

 [2] Obtaining Federal Leases

 [a] Federal Statutes

[i] Mineral Leasing Act of 1920

[ii] Mineral Leasing Act for Acquired Lands

[iii] 1930 Right-of-Way Leasing Act

[iv] Combined Hydrocarbon Leasing Act of 1981

[b] Who May Hold Leases

[c] Leasing Process

[i] Competitive Leases

[ii] Noncompetitive Leases

 [d] Acreage Limitations

[i] Acreage Computation

[ii] Options

[e] Area of Lease and Description

[f] Rentals and Royalties

[g] Bonds

[h] Special Stipulations Added to Certain Leases

[3] Term and Termination

[4] Assignment

[5] Reinstatement

§ 2.04 Indian Leases

[1] Indian Tribal Lands

[2] Indian Allotted Lands

[3] Indian Minerals Agreements

[4] Tribal Energy Resource Agreements

§ 2.05 State Leases

§ 2.06 Releases of Leases

 [1] The Lease Itself

[a] Fee Leases

[b] Federal Leases

[c] State Leases

[d] Indian Leases

[i] Tribal and Allotted Lands

[ii] Indian Minerals Agreements and Tribal Energy                     Resource Agreements

[2] Operating Agreements and Contracts

[3] Assignments or Other Instruments Affecting Title

[4] Instruments Creating Overriding Royalties

§ 2.07 Instruments Relating to Leases

[1] Generally

[2] Amendment of Lease

[3] Assignments and Reassignments of Leases and Interests Therein

[4] Operating Agreements

[5] Extension by Production

 

CHAPTER 3 ACQUIRING MINERALS (OTHER THAN OIL AND GAS)

§ 3.01 Introduction

§ 3.02 Private/Fee Leases

 [1] General Comments

 [2] Forms

 [3] Preparation of Lease Forms

 [4] Proper Lessor and Acknowledgment

 [5] Leases for Specified Minerals

 [a] Coal Lease

 [i] Interests Leased

 [ii] Term of Lease

 [iii] Annual Payments

 [iv] Royalties

 [b] Metallic Minerals Lease

 [i] Interests Leased

 [ii] Term of Lease

 [iii] Annual Payments

 [iv] Royalties

 [v] Exploration, Mining, and Other Operations

 [c] Oil Shale Lease

 [i] Interests Leased

 [ii] Term of Lease

 [iii] Annual Payments

 [iv] Royalties

 [v] Exploration, Mining, and Other Operations

 [d] Geothermal Lease

 [i] Interests Leased

 [ii] Term of Lease

 [iii] Annual Payments

 [iv] Royalties

 [v] Exploration, Mining, and Other Operations

 [e] Industrial/Nonmetallic Minerals Lease

 [i] Interests Leased

 [ii] Term of Lease

 [iii] Annual Payments

 [iv] Royalties

 [v] Exploration, Mining, and Other Operations

§ 3.03 Federal Lands

 [1] Categories of Federal Lands

 [2] Mining Claims (for All Minerals Except as Discussed Below)

 [3] Leasable Minerals

[a] Coal Leases

[b] Phosphate, Sodium, and Potassium Salts Leases

[c] Gilsonite, Asphalt, and Bituminous Sands Leases

[d] Oil Shale Leases         

[4] Mineral Materials Sales

[5] Geothermal Resources

[6] Acquired Lands

[a] Permits

[b] Leases

§ 3.04 Indian Lands and Reservations

 [1] General Comments

 [2] Title Considerations When Leasing Indian Lands (Excluding                            Alaska Native Lands)

§ 3.05 State Lands

 [1] General Comments

 [2] Specific State Leasing Procedures

§ 3.06 Conclusion

 

CHAPTER 4 EXAMINATION OF TITLE TO UNPATENTED MINING CLAIMS

§ 4.01 Introduction

§ 4.02 Background: The Unique Nature of the Unpatented Mining Claim

 [1] Nature of the Property Right

 [2] “Staking” the Mining Claim

 [3] Locatable Minerals

 [4] Types of Mining Claims

 [a] Lode Claims

 [b] Placer Claims

 [c] Mill Sites

 [5] Non-Record Validity Issues

 [a] Lack of a Discovery

 [b] Citizenship Requirement

 [c] Lode vs. Placer Distinction

 [d] Extralateral Rights

 [e] Association Placer Issues

 [f] Mill Site Issues

 [6] Curing Defects in Mining Locations—Amendments and Relocations

§ 4.03 Record Examination

 [1] Is the Land Open to Location?

 [a] Patented Land and Other “Segregative” Entries

 [b] Conflicting Claims

 [c] Withdrawals and Classifications

 [2] Record Evidence of a Valid Location

[a] Certificate or Notice of Location Filings

               [i] Requirements Under the Mining Law of 1872 and                    State Law

[ii] FLPMA Requirements—1976 to 1993

[iii] Location and Maintenance Fees—1993 to the                       Present

[b] Maintaining a Mining Claim—Assessment Work, FLPMA Filings, and Maintenance Fees

[i] Assessment Work Requirements

[ii] FLPMA Filing Requirements

[iii] Maintenance Fee Requirements

[c] Transfers of Interest

 

CHAPTER 5 RECORDS AND INSTRUMENTS REQUIRED FOR TITLE EXAMINATION

§ 5.01 Introduction

§ 5.02 Federal Land Records

 [1] Master Title Plats

 [2] Use Plats

 [3] Historical Indices

 [4] Serial Register Pages

 [5] Land Entry Case Files

 [6] Survey Records

 [7] Mining Claim Records

 [8] Patents

 [9] Old Records

 [a] Plat Books

 [b] Tract Books

§ 5.03 State Land Records

§ 5.04 County Land Records

 [1] County Recorder, Clerk, or Registrar’s Office

 [a] Tract and Grantor-Grantee Indices

 [b] Abstracts and Certificates of Title

 [c] Mining Claim Records

 [2] County Treasurer and/or Assessor’s Office

 [3] Clerk of Court

 [4] Independent Title Companies

§ 5.05 Indian Land Records

 [1] BLM State Offices

 [2] BIA Land Titles and Records Offices

[a] Land Index

[b] Title Status Report

[c] Individual Realty Interest Records

[d] Reception Book

[e] Land Ownership Plats and Maps

[f] Mineral Ownership Plats

[g] Lease and Permit Plats

[h] Original Records

[i] Probate Files

 [3] BIA Regional Offices

[a] Lease or Permit Sale Files

[b] Mineral Lease or Permit Files

[c] Ownership Plats

[d] Miscellaneous

 [4] BIA Agency Realty Offices

[a] Land Ownership Plats

[b] Mineral Lease and Permit Plats

[c] Mineral Lease and Permit Sale Files

[d] Mineral Lease and Permit Files

[e] Surface Lease Index and Files

[f] Allotment Folders

[g] Allotment and Estate Cards

[h] Lessee Qualification Files

[i] Tribal Authorization Files

[j] Probate Files

[5] County Records

[6] BIA Washington, D.C. Office

[7] Administrative Law Judges’ Offices

[8] Federal Records Center and National Archives

[9] Tribal Records

 

CHAPTER 6 CURATIVE WORK FOR LEASEHOLD ESTATES

§ 6.01 Introduction

§ 6.02 Mining Claims

§ 6.03 Ratification of Leases

[1] Ratification and Joinder Agreement (Form 1)

[2] Ratification, Joinder, and Rental Stipulation (Form 2)

[3] Ratification and Rental Stipulation (Form 3)

§ 6.04 Affidavits

[1] General Comments

[2] Common Forms of Affidavits

[a] Affidavit of Identity (Form 15)

[b] Affidavit of Heirship (Form 16)

[c] Affidavit of Possession (Form 17)

[d] Affidavit of Adverse Possession (Form 18)

[e] Affidavit of Nondevelopment (Form 19)

[f] Affidavit of Nondevelopment and Nonpayment of Rentals (Form 20)

§ 6.05 Other Forms Used in Curative Work

[1] Land Check (Form 21)

[2] Disclaimer by Tenant (Form 22)

[3] Disclaimer by Surface Owner (Form 23)

§ 6.06 Other Instruments and Forms

[1] Subordination Agreements (Forms 11 and 12)

[2] Release of Deed of Trust (Form 13)

[3] Release of Oil and Gas Lease (Form 14)

[4] Quitclaim Deed (Form 24)

[5] Designation of Depository (Form 6)

[6] Amendment of Lease (Form 4)

 

CHAPTER 7 TESTATE AND INTESTATE SUCCESSION

§ 7.01 Introduction

§ 7.02 Pertinent Provisions of the UPC

[1] Version of the UPC

[2] Governing Law and Court

[3] Assumption of Intestacy

[4] Transactions Under the UPC with the PR

[a] Appointing a PR

[b] Appointing a Foreign PR

[c] Leasing and Exploration Authority

[d] Restrictions to the PR’s Authority

[e] A Conservator for Minor or Protected Persons

[5] Listing of the Select States Enacting and Not Enacting the UPC

[6] Intestate Shares Under the UPC

[a] Introduction

[b] Surviving Spouse in Non-Community Property States

[c] Other Heirs

[d] Alternative Provision for the Surviving Spouse in Community Property States

[7] General Rules in UPC Intestate Succession

§ 7.03 Selected State Statutes in Intestate Succession and in Other Matters Relating to Instruments Affecting Real Property

[1] Alaska

[2] Arizona

[3] Montana

[4] Nevada

[5] New Mexico

[6] South Dakota

[7] Utah

[8] Wyoming

§ 7.04 Testate Estates

[1] Unprobated Wills

[2] Probated Wills

[3] Augmented Estates

§ 7.05 Dealing with Estates of Decedents and Protected Persons in States Not Enacting the UPC

 

CHAPTER 8 SPACING, POOLING, AND UNITIZATION

§ 8.01 Introduction

§ 8.02 Spacing

 [1] Statewide Spacing

 [2] Fieldwide Spacing

 [3] Infill Drilling

§ 8.03 Pooling and Communitization

 [1] Voluntary Pooling

 [2] Involuntary Pooling (Compulsory or Forced)

§ 8.04 Operating Agreements

§ 8.05 Unitization

 [1] Federal Exploratory Units and Unit Operating Agreements

 [a] The Unit Agreement

 [i] Designation of Unit Area and Unit Operator

 [ii] Drilling to Discovery and Plan of Development

 [iii] Division of Production and Costs

 [iv] Conforming of Leases

 [b] Unit Operating Agreements

 [c] Participation After Discovery

 [d] Nonunitized Interests

 [2] Secondary Recovery Units and Unit Operating Agreements

 [a] The Unit Agreement

 [i] Designation of Unit Area and Unit Operator

 [ii] Plan of Operations

 [iii] Tract Participation

 [iv] Conforming of Leases

 [b] Secondary Recovery Unit Operating Agreements

 [c] Participation

 [d] Statutory Commitment of Unsigned Interests (Forced                          Unitization)

§ 8.06 Advantages of Unitizing

 [1] Advantages to Working Interest Owners

 [2] Advantages to Royalty Owners

 [a] Increased Value of Royalty

 [b] Altered Lease Provisions

§ 8.07 Unitization for Coalbed Methane

 [1] The CBM Unit Agreement

 [a] Designation of Unit Area

 [b] Plan of Development

 [c] Participating Areas

 [d] Productivity Requirement

 [e] Formation Unitized

 [2] CBM Unit Operating Agreements

§ 8.08 Impact of Horizontal Drilling Technology

 

CHAPTER 9 SPLIT ESTATES AND SURFACE ACCESS ISSUES

§ 9.01 Introduction

§ 9.02 Identifying a Split Estate

§ 9.03 Developing a Split Estate

 [1] Dominance of Mineral Estate

 [2] Accommodation Doctrine

 [3] Destruction of the Surface Rule

§ 9.04 Legislation

 [1] Surface Damage/Use Statutes

 [2] Dormant Mineral Acts

 [3] Pore Space Ownership

 [4] Surface Mining Control and Reclamation Act of 1977

§ 9.05 Regulations

 [1] State Agencies

 [2] Local Agencies

 [3] Federal Split Estates—Private Surface over Federal Minerals

 [a] Creation; Early Rules of Ownership

 [b] BLM’s Onshore Order No. 1

§ 9.06 Surface Agreements

§ 9.07 Conclusion

 

CHAPTER 10 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) FOR THE LANDMAN

§ 10.01 Introduction

[1] Legal Issues

[2] Technical Issues

[3] Public Affairs

§ 10.02 Overview of NEPA

§ 10.03 Does NEPA Apply to the Property I Am Considering?

§ 10.04 What Can I Expect When NEPA Applies?

 [1] How Does NEPA Relate to Existing Planning Documents?

[a] Existing Resource Management Plans

[b] Existing NEPA Documents

 [2] How Much “Process” Does NEPA Require?

[a] Limited NEPA Process: Categorical Exclusions

[b] Abbreviated NEPA Process: Environmental Assessment Resulting in a Finding of No Significant Environmental Impact

[c] Full NEPA Process: an Environmental Impact Statement

§ 10.05 How Do I Manage the NEPA Process?

[1] Identify Your Friends and Opponents

[2] Funding the NEPA Process

[a] Selection of a Third-Party Contractor to Complete an EA or                EIS

[b] Participation Agreements

[c] Memorandums of Understanding

§ 10.06 What Are the Steps of the NEPA Process?

[1] Proposed Action

[2] Scoping

[a] Internal Scoping

[b] Notice of Intent (NOI) and External Scoping

[3] The EIS Process

§ 10.07 Conclusion

 

CHAPTER 11 UNCONVENTIONAL OIL & GAS DRILLING AND DEVELOPMENT

§ 11.01 Introduction

§ 11.02 Coalbed Methane

[1] Geologic and Engineering Issues

[2] Land and Legal Issues

§ 11.03 Horizontal Drilling, Shale Gas/Tight Gas

[1] Legal Issues

[a] Case Law

[b] Regulations

[2] Environmental Issues

[a] Water Issues

[b] Air Issues

[3] Lease Stipulations

§ 11.04 Locating Wells, Spacing, Pooling, and Unitization

[1] Locating Wells

[2] Spacing

[3] Pooling

[4] Unitization

§ 11.05 Agreements

[1] Amending and Revising Leases for CBM Development

[2] Amending and Revising Leases for Horizontal Development

[3] Developing an Appropriate Operating Agreement for Horizontal Development

[4] CBM JOA Considerations

[5] Other CBM Agreements

§ 11.06 Gas Hydrates

§ 11.07 Conclusion

               Appendix A Layout for Caption and Signature Block in Instruments

Appendix B State Requirements for Execution of Instruments

Appendix C Officials Authorized to Take Acknowledgments

Appendix D Uniform Acknowledgment Forms

Appendix E Bureau of Indian Affairs Regional Offices and Land Titles and Records Offices

Appendix F Public Land Survey System

Appendix G Lands Constituting State Lands Granted to the State Upon Statehood

Appendix H Oil and Gas Lease Checklist

Appendix I Hard Mineral Lease Checklist

Appendix J Geothermal Lease Checklist

Appendix K Coal Lease Checklist

Appendix L Mining Property Lease and Purchase Option Checklist

Appendix M State Land Management Agencies, BLM State Offices, State Oil and Gas Commissions, and State Mining Agencies

Appendix N Land Measurement Chart & Conversion Tables

Appendix O State Pooling and Unitization Summary

Appendix P Evolution of Federal Mineral and Leasing Statutes

Form 1 Ratification and Joinder Agreement

Form 2 Ratification, Joinder, and Rental Stipulation

Form 3 Ratification and Rental Stipulation

Form 4 Amendment of Lease

Form 5 Rider to Appoint Agent for Lessors

Form 6 Designation of Depository

Form 7 Rider Relative to a Contract for Deed

Form 8 Assignment

Form 9 Extension of Oil and Gas Lease

Form 10 Reassignment Rider

Form 11 Subordination of Mortgage

Form 12 Subordination of Deed of Trust

Form 13 Release of Deed of Trust

Form 14 Release of Oil and Gas Lease

Form 15 Affidavit of Identity

Form 16 Affidavit of Heirship

Form 17 Affidavit of Possession

Form 18 Affidavit of Adverse Possession

Form 19 Affidavit of Nondevelopment

Form 20 Affidavit of Nondevelopment and Nonpayment of Rentals

Form 21 Land Check

Form 22 Disclaimer by Tenant

Form 23 Disclaimer by Surface Owner

Form 24 Quitclaim Deed

Form 25 Counterpart Provision

Form 26 Relinquishment of Federal Oil and Gas Lease

Form 27 Damage Release

Form 28 Surface Use Agreement

Form 29 Memorandum of Surface Use Agreement

Form 30 Coalbed Gas (CBM) Unit Agreement

Form 31 Paid-Up Oil and Gas Lease

Form 32 Form 610-1989 Model Form Operating Agreement with Modifications to Address Horizontal Development

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