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Mar 29, 2024
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LAW 5429 - Title Examination of Mineral Properties Credit(s): 2 Prerequisite(s): Mineral Rights (LAW 5205 ) is a prerequisite for this course. This seminar will explore legal issues relating to mineral title examination. Subjects to be covered include: the law of registry and the public recordsdoctrine; the public land survey system; adequacy of property descriptions; indexing of the documents in the public record; suit records examination; identifying other documents and transactions that can affect a tract; due process and the Mennonite decision; notices of lis pendens; severance of title from the sovereign; discrepancies in title and break in chains of title; acquisitive prescription; title issues arising from provisions in mineral leases; issues arising from ambiguities in contracts that affect mineral rights; the preparation and use of abstracts of title; information outside the public record that can affect mineral titles; title opinions; whether a third person can rely on the recordation of an ambiguous document; and expressions of price or the consideration given i n return for mineral leases. This seminar will provide background for students who wish to understand or even perform mineral title examination or general title examination.
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