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Topic 05

Title Examination Workflow

Updated September 30, 2026

Title examination means running a tract's title from the government's original grant to today and stating who owns it, with the instruments that support each interest.

⏱ ~15 min readUses all four earlier topics

On this page

01

Where examination starts

A request comes in: "We're drilling in Section 14. Find out who owns the minerals."

Before an operator spends millions on a well, it needs to know who can lease, who must be paid, and in what fractions. The examiner answers from the documents. Each earlier topic feeds into the work:

Topic 01
Estates and severance
Estates, severance, the five sticks: what you're tracing
Topic 02
Deeds and recording
Deeds, reservations, descriptions, recording: the evidence
Topic 03
Leases
Leases, HBP, savings clauses: whether a lease is still in force
Topic 04
Interest calculations
NMA and decimals: the numbers your work produces
Fig. 1 What each earlier topic contributes to an examination.

Log every instrument, and rely on the recorded documents rather than family memory or a lease broker's spreadsheet.

02

Building the chain of title

A chain of title is the unbroken sequence of instruments connecting the first owner of the land to whoever owns it today. The first owner is the sovereign (the government). In the public-land states the first link is usually a patent from the United States, the instrument by which public land became private. Elsewhere it is the original grant from the state or an earlier sovereign. Examiners trace back to that first grant, then run the chain forward.

Section 14 is 640 acres, and it may hold several tracts with separate chains. The example below follows one of them, the NE/4 (160 acres).

To practice putting a chain together, try the chain of title interactive.

1902
Patent
United States → J. Hargrove · NE/4 of Section 14, surface and minerals
✓ grantee of one = grantor of the next
1948
Warranty Deed
J. Hargrove → Edna Pruitt · NE/4 of Section 14, no reservations
✓ links
1963
Mineral Deed
Edna Pruitt → Roy Pruitt · undivided 1/2 of the minerals (severance)
⚠ Edna dies; no probate found
1971
Probate? Heirship?
Edna's remaining 1/2 must pass somehow: a will, intestacy, an affidavit. Until you find it, the chain has a gap.
✓ links (once found)
2019
Oil & Gas Lease
Roy Pruitt → Apex Energy · 3/16 royalty, 3-yr primary term
Fig. 2 A chain of title: each instrument's grantee must be the next instrument's grantor, or you've found a gap.

The grantee of one instrument must be the grantor of the next. Where that fails (a deed from someone who never took title, an estate that was never probated) the chain is broken, and everything after the break is suspect.

"Instruments" means more than deeds. Wills, probate orders, divorce decrees, foreclosures, tax sales, and corporate mergers can all move title, and all belong in the chain. Deaths move many mineral interests, and often leave no deed behind.

03

The abstract & the courthouse

Topic 02 covered why the county records matter: recording gives constructive notice. The practical question is how to find every instrument touching the tract among millions of recorded documents. Counties use two kinds of index:

Grantor / grantee index
Search by name, one owner at a time

Most counties index by party name. You run each owner's name through the grantee index (how they got it), then the grantor index (what they did with it), building the chain one link at a time.

Tract index
Search by the land itself

Some counties (and most commercial title plants) index every instrument against the legal description. One lookup shows everything recorded against Section 14. It is faster, where available.

Fig. 3 Two ways into the same records. A tract index is searched by legal description; a grantor/grantee index is searched by name, and the description confirms each hit.

The search produces the examiner's raw material, often an abstract of title: a compiled, chronological set of summaries (and often copies) of the recorded instruments affecting the tract, usually certified by the abstractor to a stated date. Sometimes a professional abstractor builds it. Increasingly, examiners build their own from county scans and online indexes.

Key term
Abstract of title

A chronological compilation of the recorded instruments affecting a tract, usually summarized and certified by an abstractor to a stated date, so an examiner can review the record history in one place.

The county real property records are the core of the search, but they are not a complete history. Probate files, court cases, production records, and state or federal agency records live elsewhere, and an examiner may need them too.

!

Online records have limits. Many counties' digital indexes go back only a few decades, and older records are still in bound volumes at the courthouse. An online search that starts in 1985 is not a complete search.

04

Building a runsheet

As you work through the records, you log every instrument in a runsheet: the examiner's chronological ledger of the chain. Each entry records the date, parties, instrument type, recording reference, and what the instrument did to ownership.

FiledInstrumentFrom → ToRec.Effect on minerals
1902PatentUSA → J. HargrovePat. 1102NE/4 of Sec. 14 into private hands
1948Warranty DeedHargrove → Edna PruittVol 89/214Fee simple, no reservations
1963Mineral DeedEdna → Roy PruittVol 142/331/2 minerals severed to Roy
1971(gap)Edna Pruitt (deceased)none foundEdna's 1/2: no probate of record
2019OGLRoy → Apex EnergyDoc 2019-0457Roy's 1/2 leased, 3/16 royalty
Fig. 4 A short runsheet. The flagged row is the problem: Edna's half has no recorded path to a living owner.

The runsheet is also where the math from Topic 04 happens. Each conveyance's fraction is tracked so that at the bottom of the sheet every owner's interest can be totaled. The total must be exactly 1.000000. If it isn't, find out why before going further. Usually a fraction was misread or a conveyance was missed.

  • Log instruments you think don't matter. An easement or affidavit that looks irrelevant can explain a gap later.
  • Note what you searched as well as what you found: which indexes and which date ranges. The scope of the search is part of the work product.

05

Common defects & curative

Most chains have defects. The fixes are collectively called curative work. The common problems and the usual cures:

Defect
Unprobated estate
An owner died and nothing of record passes their interest. This is a common gap in mineral chains.
Cure
Probate, or heirship evidence
Open or record the probate, or establish the heirs. Affidavits of heirship are the everyday tool, with court proceedings when more is at stake.
Defect
Name variances
"J.T. Hargrove," "John Hargrove," and "John T. Hargrove Jr." These may or may not be the same person, and the record does not say.
Cure
Identity affidavit
A recorded affidavit stating that the names refer to one person. It is inexpensive and routine. How much later examiners can rely on it depends on state law.
Defect
Unreleased old lease or lien
A 1968 lease or an old mortgage sits on the record with no release. It is probably expired, but the record doesn't show it.
Cure
Release, or proof it expired
Obtain and record a release, or show the instrument ended by its own terms (production records, lien limitation periods).
Defect
Broken or adverse chain
A deed from a stranger to title, an over-conveyance, or competing claims to the same fraction.
Cure
Curative deeds, or quiet title
Quitclaims and stipulations of interest from the right parties fix most of these. When parties won't sign, a quiet title suit lets a court decide ownership.
Fig. 5 Common defects and the usual cures.
!

What each cure accomplishes varies by state: what an heirship affidavit proves, how long an old lien survives, and what marketable title or dormant mineral statutes clear automatically.

06

Writing requirements & opinions

The examination ends in a title opinion: a formal letter stating who owns what (the ownership tables your runsheet math produced), followed by requirements, numbered instructions listing what must be done before the ownership can be relied on.

A requirement states what the record shows, why it is a defect, and what will cure it:

Title opinion · NE/4 Section 14 · drilling tractp. 12
Requirement No. 3: Edna Pruitt Estate
The records reflect that Edna Pruitt acquired the captioned lands in 1948 and conveyed an undivided 1/2 mineral interest in 1963. Edna Pruitt is believed to have died in or about 1971. No probate proceeding, heirship determination, or conveyance of record passes her remaining undivided 1/2 mineral interest.
RequirementFurnish evidence of the death of Edna Pruitt and a determination of her heirs or devisees, including any probate proceedings from the county of her residence, and obtain and record such instruments as are necessary to vest her remaining interest of record. In the alternative, furnish curative conveyances from all persons claiming under Edna Pruitt.
Fig. 6 A sample requirement: what the record shows, why it is a defect, and what will cure it.

The operator's landmen work the requirements and gather the cures. Later, a division order title opinion turns the cured ownership into the payment decimals from Topic 04. The well timeline shows where the drilling and division order opinions fall in the life of a well.

07

Review questions

Tap a question to see the answer.

A break in the chain: a "stranger to title" conveying out without ever taking title in. The explanation might be an unrecorded deed, an undocumented heirship, or a name variance. Until it is explained, everything after that deed is suspect.
Somebody conveyed more than they owned (an over-conveyance), or a fraction was misread ("of the minerals" vs. "of my interest" is a common cause). The interests must total exactly 1.
Few titles are perfect. Requirements tell the client what must be done before relying on the title. Each requirement turns a defect into a specific task, so the operator knows what must be done before drilling or paying.
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