Before a company drills a well or pays a royalty, someone has to answer a basic question: who owns the oil and gas, and in what shares? A title opinion is the attorney’s written answer. Kostrub Law Firm, PLLC has prepared title work from Cecil Township since 2006. This service is part of our wider Pennsylvania oil and gas practice.
What happens after you call: we discuss the tract, the purpose of the opinion, and your timeline, then confirm scope and records needed.
What a title opinion is
A title opinion is a written legal analysis of ownership in a tract of land. For oil and gas, it lists each owner of the mineral estate, each lease, and each party’s share. It also lists “requirements,” which are problems that should be fixed before drilling or payment.
There are a few common types:
- Drilling title opinion. Prepared before a well is drilled. It confirms the operator holds valid leases on the tracts in the unit.
- Division order title opinion. Prepared before production is paid. It sets each owner’s decimal interest, which then flows into the operator’s division orders.
- Lease or acquisition opinion. Prepared for a buyer or lessee before a deal closes.
- Owner’s title review. Prepared for a landowner who wants to know what they hold before leasing or selling.
Curative title work is the follow-up. It means fixing the gaps the opinion finds, such as a missing estate record or an old lease that was never released.
Pennsylvania law that matters
- Recording. Pennsylvania’s recording statutes, 21 P.S. § 351 et seq., make the county record the main source of title. A deed that was never recorded can cause real problems for later buyers.
- “Minerals” versus oil and gas. Under the Dunham rule, reaffirmed in Butler v. Charles Powers Estate, 65 A.3d 885 (Pa. 2013), a reservation of “minerals” alone is presumed not to include oil and gas.
- Old tax sales. Historic tax sales of “unseated” land can affect severed oil and gas rights. See Herder Spring Hunting Club v. Keller, 143 A.3d 358 (Pa. 2016). These are common traps in rural chains.
- Missing owners. The Dormant Oil and Gas Act, 58 P.S. § 701.1 et seq., offers a court process for interests held by owners who cannot be found.
- Estates. Wills and intestate estates (20 Pa.C.S. Ch. 21 and Ch. 25) decide how an owner’s share passed at death.
How a Washington County title opinion is built
- Start at the present. We identify the current owner of record and the tax parcel.
- Run the chain back. At the Washington County Recorder of Deeds, we use the grantor and grantee indexes to trace each deed backward. Many oil and gas opinions go back to a patent or to a set root date agreed with the client.
- Note every severance. We flag each deed that excepted or reserved oil, gas, coal, or minerals, then follow that severed interest forward on its own chain.
- Check estates. At the Register of Wills, we confirm how each owner’s share passed at death.
- Check court and tax records. We look for judgments, quiet title actions, partitions, and tax sales that may have changed ownership.
- Review leases. We list every recorded oil and gas lease, assignment, release, and memorandum, and note which ones remain open.
- Write the opinion. We state ownership, shares, lease status, and requirements in a clear written report.
Common situations in Washington and Allegheny counties
- Old coal severances from the early 1900s that make it unclear who holds the gas
- Gas rights split among dozens of heirs over several generations
- Leases from earlier shallow-well eras that were never released of record
- Surface owners who believe they own the gas, but the chain shows a reservation
- Operators who need curative work before a unit can be paid
What happens if you don’t act
Title problems do not fix themselves. If ownership is unclear, the operator may hold royalties in suspense. A lease signed by the wrong person can be worthless. Heirs who never recorded their interests can make a later sale or lease slow and costly. The earlier a gap is found, the easier it usually is to cure.
Need a title opinion or curative work? Call (304) 982-1586 · Request a consultation · After you call, we confirm the tract, the purpose, and a realistic timeline.
How we handle it, step by step
- Define the scope. Which tract, which interests, how far back, and who will rely on the opinion.
- Gather records. Deeds, leases, estate files, court records, and any prior title work.
- Run and examine the chain. We trace each interest as described above.
- Draft the opinion. We list owners, shares, lease status, and requirements.
- Curative work. We prepare affidavits, ratifications, releases, corrective deeds, or court filings where needed.
- Update as needed. We bring the opinion current before drilling or payment.
What to bring to your first meeting
- Tax parcel numbers and a map or plat of the tract
- Your deed and any older deeds or abstracts
- Prior title opinions or title reports
- Oil and gas leases, assignments, and releases
- Estate papers for prior owners
- The purpose and deadline for the opinion
Fees
We set fees before work starts, in writing. Cost depends on the length of the chain and the number of severances, so we scope the work first.
Who handles this
Daniel B. Kostrub prepares the firm’s title opinions and handles related oil and gas transactions, division orders, and mineral rights work. J.D., 2002–2005. Read Dan Kostrub’s bio or see our location in Cecil Township.
Frequently asked questions
What is a title opinion in oil and gas?
It is an attorney’s written analysis of who owns the oil and gas in a tract, each owner’s share, and the status of any leases. It also lists requirements, which are defects to fix before drilling or payment. Operators rely on it to drill and to pay owners correctly.
How far back does an oil and gas title opinion go?
It depends on the purpose and the client’s standards. Many oil and gas opinions trace the chain back to the original patent or to an agreed root date. In southwestern Pennsylvania, old coal and mineral severances often mean the search must go back well over a century to follow each interest.
What is curative title work?
Curative title work fixes problems a title opinion uncovers. Examples include recording an affidavit of heirship, getting an old lease released, signing a ratification, correcting a deed, or filing a quiet title action. The goal is a clean record so leases are valid and royalties can be paid.
What is the difference between a drilling title opinion and a division order title opinion?
A drilling title opinion comes before the well and confirms the operator holds valid leases in the unit. A division order title opinion comes before payment and calculates each owner’s exact decimal interest. The second one usually updates the first with new records and completed curative work.
Can a landowner get a title opinion?
Yes. Landowners often want one before leasing, selling, or settling a family estate. It tells you what you own and flags problems early. It can also help you check whether an operator’s ownership figures match your records before you sign a lease, a sale, or a division order.
Why are my royalties held because of title?
Operators often place payments in suspense when ownership is unclear, such as an unprobated estate, a missing heir, or a disputed deed. The fix is usually curative work. Once the operator receives the needed documents, such as estate papers or a recorded affidavit, it can release the held payments.
Get help with your title question
Call (304) 982-1586 or contact our office. After you call, we review what you have, explain what the title work will involve, and give you a clear scope before starting.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship.