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Constructive Notice--A Multi-State Perspective

George A. Snell III, Nuts and Bolts of Mineral Title Examination (2012)

Part I of the article (Chapters I to V) contains the substantive discussion of the recording acts and how they function in eighteen states. Part II (Chapter VI) contains practical information describing how to examine title in each of the fourteen states. The practical information contained in the Part II is contributed by attorneys I have met while speaking for AAPL's certification review courses. They are all identified supra and I encourage all readers of this article to contact these friends for any additional information concerning the records or practices in the individual states. The jurisdictions covered by this article are the major oil and gas producing states of:

Arkansas

California

Colorado

Kansas

Louisiana

Michigan

Mississippi

Montana

New Mexico

New York

North Dakota

Ohio

Oklahoma

Pennsylvania

Texas

West Virginia

Wyoming, and

Utah



I. The Plan

A. The Common Law Background

Transferring title to real estate by written instrument was common in the Roman Empire. While that practice was adopted in Continental Europe upon Roman occupation, the practice did not immediately affect English land law. Instead, in England, possession of land was the only evidence of title, and pro