Copyright 2012 Imperium Energy Resources, Inc. All rights reserved.

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1 Copyright 2012 Imperium Energy Resources, Inc. All rights reserved.

2 TABLE OF CONTENTS INTRODUCTION... 6 DUTIES OF A LANDMAN... ERROR! BOOKMARK NOT DEFINED. RESEARCHING AND EXAMINING MINERAL AND SURFACE TITLE... 7 REVIEWING TAX AND APPRAISAL RECORDS... 8 RESEARCHING TEXAS RAILROAD COMMISSION INFORMATION... 8 PREPARING PROSPECT RELATED REPORTS... 9 Lease Purchase Reports... 9 Runsheets Tobins, Plats, and Other Maps PREPARING LEASE DOCUMENTS Oil, Gas and Mineral Leases (OGMLs) Lease Purchase Reports (LPRs) Contact/Offer Letters NEGOTIATING LEASES PERFORMING CURATIVE AND OTHER DUTIES Curative Title Other Duties COUNTY OFFICES AND TITLE COMPANIES: THE LANDMAN S JOBSITE COUNTY CLERKS DISTRICT CLERKS TAX OFFICES Tax Assessor-Collector TITLE COMPANIES Records Title Companies Keep How a Landman Uses a Title Company MAPPING TOBIN MAPS TAX AND APPRAISAL PLATS LEGAL DESCRIPTIONS Abstracts, Surveys, Metes and Bounds, and Land Descriptions Township and Range Excess Acreage Vacancies DEED PLOTTING TITLE RESEARCH AND CHAIN OF TITLE TITLE RESEARCH Indexing Which Indexes Need To Be Run? Recordation in Texas Instrument Dates Does The Instrument Convey Title? Reading Instruments Spotting Your Property Briefing Instruments TITLE INSTRUMENTS Deed Clauses and Typical Language Mineral Deeds Warranty Deeds Warranty Deeds with a Vendor s Lien Special Warranty Deeds Quit-Claim Deeds Sheriff s Deeds Easements and Right-Of-Ways Deeds of Trust... 30

3 Wills Affidavits Liens CHAIN OF TITLE Client Information Map References Tax Office and Appraisal Districts Finding the Patent or Grant from the Sovereign No Information? Where to Start RUNNING THE CHAIN Matching Conveyances Undivided Interests Wives, Children and Dead People Probate Intestacy TITLE TREES RUNSHEETS AND MINERAL OWNERSHIP REPORTS Runsheets Required Information Mineral Ownership Reports Required Information LEASING INTRODUCTION CONTACTS WITH MINERAL INTEREST OWNERS AND POTENTIAL LESSORS NEGOTIATING LEASES LEASE DOCUMENTS Oil, Gas and Mineral Leases Lease Clauses Addendums Checks and Drafts Lease Purchase Reports THE DAY-TO-DAY PRACTICE OF LANDWORK BROKER AND CLIENT RELATIONS BILLING AND COMPENSATION Day Rates, Mileage, Hotels and More Tax Considerations NOTARY PUBLIC NETWORKING AAPL and Local Affiliates AAPL Certifications Registered Landman (RL) Registered Professional Landman (RPL) Certified Professional Landman (CPL) AAPL Code of Professional Conduct DO LANDMEN PRACTICE LAW? TEXAS LAW ON LAND TITLES AND OIL & GAS FEE ESTATES Fee Simple Fee Simple Determinable Life Estates Open Mine Doctrine NONPOSSESSORY INTERESTS Reversionary Interests Remainders Easements, Covenants and Servitudes Easement Right-of-Ways CONVEYANCING AND RECORDATION... 51

4 Requirements of a Valid Conveyance How Property is Conveyed in Texas Conveyance by Instrument General Warranty Deeds Special Warranty Deeds Quit-Claim Deeds Sheriff s and Trustee s Deeds Recordation Types of Recordation Race-Notice Pure Race Pure Notice THE MINERAL AND SURFACE ESTATES The Surface Estate The Mineral Estate The Magic Language of the Mineral Estate In and Under Conveyed, Described, Out of and Of The Meaning of Minerals Undivided Interests Rights of a Mineral Estate Owner Shared Ownership of Mineral Estate Concurrent Ownership Co-Tenants/ Tenants in Common Community Property Partition of Mineral Interest Receiverships RULE OF CAPTURE Limitations on the Rule of Capture Texas Railroad Commission and other Conservation Agencies Permitting Spacing Rule Density Rule Well Allowables Nuisance and Negligence Correlative Rights INSTRUMENTS CREATING OIL AND GAS INTERESTS Difference Between Mineral and Royalty Interests Creation of Mineral and Royalty Interests Deeds Deed Reservations and Exceptions The Duhig Rule (Duhig v. Peavy-Moore Lumber Co., 135 Tex. 503) THE OIL AND GAS LEASE Clauses Granting Clause Surface Use Granted by the Lease Habendum Clause Primary Term Secondary Term Example of a typical Habendum clause (secondary term portion): Delay Rentals Clause Unless Clause Or Clause Shut-in Royalty Clause Implied Covenants To Market To Drill To Protect Against Drainage Ratifications ROYALTY INTERESTS The Magic Language that Creates a Royalty Interest Landowner s Royalty Overriding Royalty Nonparticipating Royalty... 70

5 Production Payments Net Profits Interest Minimum Royalty Working Interest Carried Interest Division Orders POOLING AND UNITIZATION Lease Pooling Pugh Clause Vertical Pugh Clause Horizontal Pugh Clause Types of Units Voluntary Pooled Unit Drilling Unit Proration Unit Fieldwide or Enhanced Recovery Units Force Pooled Units AGREEMENTS AND CONTRACTS Farmout Agreements Joint Operating Agreements APPENDIX A LEASE CLAUSES APPENDIX B TEXAS DESCENT AND DISTRIBUTION APPENDIX C RELEVANT TEXAS STATUTES APPENDIX D TEXAS RAILROAD COMMISSION OFFICES APPENDIX E SYMBOLS FOR TEXAS OIL AND GAS MAPS APPENDIX F TEXAS COUNTY CLERK S OFFICES APPENDIX G PROFESSIONAL ASSOCIATIONS ENDNOTES AND TABLE OF AUTHORITY

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