CHAPTER 5 CONSTRUCTIVE NOTICE--A MULTI-STATE PERSPECTIVE
Jurisdiction | United States |
(Feb 2012)
CONSTRUCTIVE NOTICE--A MULTI-STATE PERSPECTIVE
Snell Law Firm
Amarillo, Texas
GEORGE A. SNELL, III, Snell Law Firm, was born in Pampa, Gray County, Texas. He attended Baylor University and Baylor Law School graduating in 1972 with BA and JD degrees. Since 1972, George has practiced law in Amarillo. He maintained a general practice, including litigation, until 1979. In 1979, George joined an attorney who had been preparing title opinions for oil and gas purposes since 1966. George also limited his practice to the oil and gas and real property areas, focusing primarily on the preparation of title opinions for all purposes. George and his former partner, now deceased, have together prepared over 7,000 title opinions. From 1985 to 1991, he was one of the team of speakers teaching AAPL's Certification Review course. He taught NADOA's Certification Review course from 1993 to 1996. George has spoken at many other industry seminars for landmen, division order analysts and bar associations. Many of his articles have been published in The Landman. Since 1989, George has served on the Texas Bar's Title Standards Joint Editorial Board. The purpose of title standards is to summarize the law on a real property subject and provide practical solutions to common conveyancing problems. All real estate practitioners, including oil and gas practitioners, should be familiar with the title standards of any state where they conduct business. While George is not a member of a firm in the traditional sense, George has put together a network of title lawyers in 16 states who work together for both business and writing purposes. All other 15 lawyers have written articles comparing the oil and gas law of their state to Texas, using the same format as in the prototype article written in 1989 which compares the oil and gas law of Oklahoma to Texas.
GEORGE A. SNELL, III
2201 Civic Circle, Ste. 508
Amarillo, TX 79109
(806) 359-8611; 355-3339 (FAX)
E-Mail - george@georgesnell.com
www.george@georgesnell.com
BIOGRAPHICAL INFORMATION
EDUCATION: J. D. Baylor Law School, Waco, Texas - 1972
B.A. Baylor University, Waco, Texas - 1972
PROFESSIONAL ACTIVITIES:
Member of the following bar associations: Texas, Oklahoma, Amarillo, Austin, Houston and Tarrant County
Member of the following professional landman associations: American, Texas Panhandle, Oklahoma City, Tulsa, Fort Worth, Dallas, Denver and Permian Basin
Member of the National Association of Division Order Analysts (NADOA), the Oklahoma City Chapter (CAPDOA) and the Tulsa Chapter (SADOA)
Member of the State Bar of Texas Title Standards Joint Editorial Board (1992 - Present)
Member of the National Association of Scholars
LAW RELATED PUBLICATIONS:
Significant Differences in Oil and Gas Principles between Producing States: From the Landman's Perspective - Texas and Oklahoma - Co-author - published in The Landman, 11-12/89 and 1-2/90 issues;
Title Examination of Fee Lands (Constructive Notice Revisited) Author/speaker - Mineral Title Examination III (1992) Rocky Mountain Mineral Law Foundation, Denver, Colorado;
Probate Estates in Texas, Oklahoma and Louisiana Author/Speaker - 19th Annual NADOA Institute (1992), Dallas, Texas;
A Comparative Review of Oil & Gas Law: Texas-Oklahoma-Arkansas - Co-Author/Co-Speaker - Natural Resources Law Institute (1993), Hot Springs, Arkansas;
Revenge Against the Title Nerds! (How Texas' proposed title standards can help you avoid technical title objections) - Author/Speaker - Review of Oil and Gas Law VIII(1993)- Energy Law Section of the Dallas Bar Association;
Due Diligence Title Review: The Problem Areas, Where to Look and How to Solve. - Author/Speaker - Sixth Annual Dallas Energy Symposium (1994), Dallas, Texas;
Suspense Issues that Affect the Division Order Analyst. - Author/Speaker - 21st Annual NADOA Institute (1994), San Antonio, Texas;
Non-Consenting Mineral Owners. - Author/Speaker - 24th Annual NADOA Institute (1997), New Orleans, Louisiana;
Drafting Tips For Oil & Gas Leases and Conveyance - Author/Speaker - University of Texas 24th Annual Oil, Gas and Mineral Law Institute (1998), Houston, Texas;
State Royalty Payment Statute - State Check Stub Requirement Statutes - Author/Speaker - 2nd Annual National Oil & Gas Royalty Conference (1998), Houston, Texas;
A Model Form Title Opinion Format - Is it Possible? Is it Practical? - Author - Vol. 25, No. 2 - Oil, Gas and Mineral Law Section Report (December, 2000) - State Bar of Texas;
Shut-In Gas Royalty - How to Avoid a Train Wreck - Author/Speaker - St. Mary's University School of Law Mineral/Royalty Owners & Producers Institute (2002), Midland, Texas;
Constructive Notice (A Multi-state perspective) - Author/Speaker - 20th Annual Advanced Oil, Gas & Energy Resources Law Institute (2002), Dallas, Texas;
Pooling - From A to Horizontal - Author/Speaker - St. Mary's University School of Law, Mine Fields & Minerals Institute (2003), Midland, Texas;
Accessing Local Records - Preparing the Chain of Title - Author/Speaker - Mineral Title Examination IV (2007) Rocky Mountain Mineral Law Foundation, Denver, Colorado;
Legal Descriptions and Wellbore Assignments - Co-Author/Speaker - 25th Annual Advanced Oil, Gas & Energy Resources Law Institute (2007), Houston, Texas.
Basics of Oil & Gas Conveyances - Speaker - 29th Annual Advanced Oil, Gas & Energy Resources Law Course (2011), Houston, Texas.
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CONTRIBUTING FRIENDS
Arkansas
Tom Daily
Daily & Woods
58 South 6th Street
Fort Smith, AR 72902-1446
Stephens Building
(479) 782-0361
tdaily@dairywoods.com
Colorado
Greg Danielson
Davis Graham & Stubbs, L.L.P.
1550 17th Street, Suite 500
Denver, CO 80202
(303) 892-9400
greg.danielson@dgslaw.com
Firm Website: www.dgslaw.com
Louisiana
Richard W. "Rick" Revels
Liskow & Lewis
P. O. Box 52008
Lafayette, LA 70505
(337) 232-7424
rwrevels@liskow.com
Firm Website: www.liskow.com
Mississippi
W. Eric West
McDavid, Noblin & West, PLLC
248 E. Capitol Street, Suite 840
Jackson, MS 39201
(601) 948-3305
ewest@mnwlaw.com
Firm Website: www. mnwlaw.com
California
James M. Day, Jr.
Day, Carter & Murphy, L.L.P.
3620 American River Drive, Suite 205
Sacramento, CA 95864
(916) 570-2500
jday@daycartermurphy.com
Firm Website:: www.daycartermurphy.com
Kansas
Chris Steincamp
Depew Gillen Rathbun & McInteer, L.C.
8301 E. 21st Street North, Suite 450
Wichita KS 67206-2936
(316) 262-4000
chris@depewgillen.com
Firm Website: www.depewgillen.com
Michigan
Susan Hlywa Topp
Topp Law PLC
213 East Main
Gaylord, MI 49734
(989) 731-4014
susan@topplaw.com
Firm Website: www.topplaw.com
Montana
Brian R. Bjella
Crowley Fleck, PLLP
P. O. Box 2798
Bismarck, ND 58502
(701) 223-6585
brbjella@crowleyfleck.com
Firm Website: www.crowleyfleck.com
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Montana
Craig C. Smith
Crowley Fleck, PLLP
P. O. Box 2798
Bismarck, ND 58502
(701) 223-6585
csmith@crowleyfleck.com
Firm Website: www.crowleyfleck.com<; /span >
New York
John H. Heyer
Attorney at Law
604 Exchange National Bank Bldg.
P. O. Box 588
Olean, NY 14760
(716) 372-0395
jhh@heyerlaw.com
Firm Website: www.heyerlaw.com
Ohio
Timothy M. McKeen
Steptoe & Johnson PLLC
1233 Main Street, Suite 3000
WheelingrWV 26003
(304) 233-0000
timothy.mckeen@steptoe-johnson.com
Firm Website: www.steptoe-johnson.com
Pennsylvania
Russell L. Schetroma
Steptoe & Johnson, PLLC
201 Chestnut Street, Suite 200
Meadville, PA 16335
(814) 336-6400
russell.schetroma@steptoe-johnson.com
Firm Website: www.steptoe-johnson.com<; /span >
New Mexico
Greg Nibert
Hinkle, Hensley, Shanor & Martin, L.L.P.
P. O. Box 10
Roswell, NM 88202-0010
(575) 622-6510
gnibert@hinklelawfirm.com
Firm Website: www.hinklelawfirm.com
North Dakota
Brian R. Bjella
Crowley Fleck, PLLP
P. O. Box 2798
Bismarck, ND 58502
(701) 223-6585
brbiella@crowleyfleck.com
Firm Website: www.crowleyfleck.com<; /span >
Oklahoma
Timothy C. Dowd
Elias, Books, Brown, & Nelson
211 N. Robinson
Suite 1300
Oklahoma City, OK 73102-7114
(405) 232-3722
timdowd@eliasbooksbrown.com
Firm Website: www.eliasbooks.com
Texas
George A. Snell, III
Snell Law Firm
2201 Civic Circle, Suite 508
Amarillo, Texas 79109
(806) 359-8611
George@georgesnell.com
Firm Website: www.georgesnell.com
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Utah
Angela L. Franklin
Holme, Roberts & Owen, LLP
299 South Main Street, Suite 1800
Salt Lake City, UT 84111-2263
(801) 323-3267
angela.franklin@hro.com
Firm Website: www.hro.com
Wyoming
Craig Newman
Attorney at Law
P.O. Box 2310
123 W. 1st Street, Suite 675
Casper, WY 82602
(307) 237-9588
cmannew@aol.com
West Virginia
Richard L. Gottlieb
Lewis, Glasser, Casey, & Rollins, PLLC
300 Summers Street, Suite 700
Charleston, WV 25301
(304) 345-2000
rgottheb@igcr.com
Firm Website: www.lgcr.com
Blog: wvnaturalgasblog.blogspot.com
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TABLE OF CONTENTS
PART I
INTRODUCTION
I. The Plan
A. The Common Law Background
B. The Statutory Purposes
C. The Statutory Definitions
II. The Pattern
A. Race
B. Notice
C. Race-Notice
III. The Procedure
A. Instruments not required to be Recorded
B. Constructive Notice
1. From proper recording
2. From improper recording?
3. From possession?
C. Actual Notice/Implied Notice-Duty to Inquire/Imputed Notice
D. How They Operate
E. Taking Notice to the Extreme in Texas (and your state too?)
1. The Duhig Rule - Ignoring Notice
2. Westland Oil - Pushing Duty to Inquire off the Page
IV. The Problems
Situation A - Deed from a Stranger to Record Title
Situation B - Does a Purchaser have Notice of Easements Created by Instruments Covering Adjacent Lands that Affect his Land?
Situation C - Does a Purchaser have Actual Notice of an Instrument in his Chain of Title that is Unrecordable but...
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