A complete Notecard is a prime indicator for the accurate interpretation of a given document. A complete notecard also provides needed data to Tracts’ calculations. Following these best practices enable a more timely review and understanding of a chain of title.
Notecard Fundamentals
-
- Book Type and Subtype (See article: Abbreviations in Tracts)
- SubType should be specific to the type of instrument being inputted. Example; Warranty Deed with Vendor’s Lien would yield WDVL, Special Warranty Deed would yield SWD, etc.
- Book Type and Subtype (See article: Abbreviations in Tracts)
-
- Book-Page OR Inst. No.
- Use either use Book-Page OR Instrument No.
- Book-Page takes precedence when an instrument records with both.
- Book-Page OR Inst. No.
-
- Dates
- Inst. Date
- File Date
- Rec. Date
- Dates
-
- Uploaded instrument naming convention
- Book-Page, example; Book 234, Page 1 yields instrument name 234-1.
- Ins. No., example; Instrument No. 000321 yields 321.
- There should be no leading zeros in any of the file names.
- Uploaded instrument naming convention
-
- Exhibit “A”s and Legal Descriptions Note
- Include the starting page for where the subject lands are referenced in the instrument. Example; “Pg 2 of 25”.
- Exhibit “A”s and Legal Descriptions Note
-
- Subtracts/Depths
- Always include a subtract/depth for each Notecard
- Subtracts/Depths
-
- Supporting Documents
- Upload to Notecard and change Type to “supporting”.
- Create a Supporting Doc-Note;
- Example; uploaded supporting document is an original warranty deed named 232-33, Note should read “232-33: Original Warranty Deed”
- Supporting Documents
-
- Essence Note
- Should state what is being conveyed/assigned in a succinct sentence.
- Examples:
- “Conveying ARTI in section 12-34N-56W.”
- “Lease with LOR 1/8 for 36 months for all depths in the NW and Surface to 3000′ in the NE of 12-34N-56W”.
- “Lease NRI/WI for the S2 of 12-34N-56W.”
- Examples:
- Attention: Create a separate Note for legal descriptions/Exhibit “A”.
- Should state what is being conveyed/assigned in a succinct sentence.
- Essence Note
-
- Subtracts
- Use the GIS-Enabled feature for Subtracts.
- Create a subtract polygon for the entire abstract even if the AOI is limited to a portion of the abstract.
- Examples;
- S3_BLK23_T3S_(N2)_Martin,TX
- 200ac._WD546.258_Greene,PA
- Examples;
- Subtracts
-
- Depths
- Create an “ALL DEPTHS” polygon.
- Use “to” for depth ranges.
- Example; Surface to 7000’
- Avoid commas in depth numbers.
- Example; 7000’
- Use an aspostrophe (‘) to indicate feet.
- Example; 7000’
- Use consistency when naming multiple depths of the same area.
- Example;
- Surface to Base of Dean
- Base of Dean to 7000’
- Base of Dean to 8000’
- Example;
- Depths
Notecard Type and Subtype Specific
- ‘Conveyance’ Notecard Type
- Deed, Subtype DEED
- Follow “Notecard Fundamentals“
- Deed, Subtype DEED
-
- Probates, Subtype PROBATE
- Follow “Notecard Fundamentals“
- First Grantor is the deceased Party Name. Example, “John Smith”.
- Second Grantor is a new Party Name titled “Estate of John Smith, Dec’d”
- Set Instrument date to date of death.
- Grantees should ALL be sole and separate property (SSP) entities. See article: Subparty #Tag.
- Essence Note should state [date of death]”, LWT:” [the language where the interest would pass, or if the right is specifically state how the oil and gas should pass].
- Example; “01/01/2000, LWT: I give, devise and bequeath all the rest, residue and remainder….”.
- Probates, Subtype PROBATE
-
- Affidavit of Heirship, Subtype AFFT HEIR
- Follow “Notecard Fundamentals“
- First Grantor is the deceased Party Name. Example, “John Smith”.
- Second Grantor is a new Party Name titled “Estate of John Smith, Dec’d”
- Set Instrument date to date of death.
- Grantees should ALL be sole and separate property (SSP) entities. See article: Subparty #Tag.
- Essence Note should state “Affiant states as follows…”.
- Affidavit of Heirship, Subtype AFFT HEIR
- ‘Lease’ Notecard Type
- Follow “Notecard Fundamentals“
-
- Set Term to months. Example; 3-year primary term = 36 months.
-
- LOR (Lease Royalty)
- Always populate an LOR value.
- If not specified, determine an assumed LOR for your project.
- Flag Notecard as <Assumption>.
- LOR (Lease Royalty)
-
- Upload Amendments/Corrective OGL’s Supporting Document, with original OGL as the Main document.
-
- This is Project specific (requires production analysis) –
- Briefcase Button – Add Pugh Clause, CDC, Retained Acreage, or any project specific requests.
- When analyzing the lease, add a Notecard stating how and why the lease is HBP.
- Include the production summary.
- Indicate “snapshot” vs “rolling”.
- Indicate if there is ‘prescribed and permitted language’.
- This is Project specific (requires production analysis) –
- ‘Assignment’ Notecard Type
- Follow “Notecard Fundamentals“
- ‘Release’ Notecard Type
- Follow “Notecard Fundamentals“
-
- Link appropriate Leases (from previously entered Notecards) to Notecard.
-
- Essence Note should state, “Following leases being released: 1234-123, …”.
- Non-Conveying Documents (NCDs)
- Add to corresponding tab in Non-Conveying Documents section.
-
- NCDs include:
- Easement
- Deeds of Trust
- Lien
- Exp. Lease
- Agreement
- Judgment
- Requirement
- Supporting
- Misc.
- Title Opinion
- Landman Statement
- NCDs include:
-
- Well Card NCD
- Populate all fields.
- Flag Notecard if any data is unavailable to populate all fields.
- Add Well Name. For example; Rodriguez #1
- Subtype; Horizontal Well or Vertical Well.
- Status; Active or Inactive.
- Spud date, completion date; format mm/dd/yyyy.
- Files to attach:
- Plat, W-1, W-2/G-1, W-3
- Plug report, if needed & available
- Naming convention of files:
- [DATE]_[FILE TYPE]
- For example; 2024-01-16_W1, 2024-03-14_W2
- Populate all fields.
- Well Card NCD
Flags, Assumptions and Reversions
- <FLAG> toggle a Notecard when any of the following exist;
- An ambiguous interpretation issue such as a fixed vs. floating NPRI
- Enter a Flag-Note stating, “This has been interpreted as a 1/16th floating NPRI.”
- An ambiguous interpretation issue such as a fixed vs. floating NPRI
-
- An auto-generated error message that cannot be resolved by your research
- Enter a Flag-Note stating the auto-generated error, such as, “This appears to be an over-conveyance.”
- Any time and instrument is grayed out within a chain of title
- Enter a Flag-Note stating the apparent issue, such as, “Grantor appears to be a stranger to title.”
- An auto-generated error message that cannot be resolved by your research
- <ASSUMPTION> toggle a Notecard any time you are filling a gap in title to make the chain of title flow.
- Examples include Affidavits of Heirship, Affidavits of Identity, Ancestry records, Findagrave records, and any other non-conveying records that help you assume that a transfer of interest has occurred.
-
- Enter a Flag-Note explaining the assumption being made;
- Example: “No probate proceedings were found filed of record. Therefore, it has been assumed that John Smith died intestate and that his children inherited his interest in the subject tract.”
- Attach any relevant documentation that supports the assumption, and leave a Note about that the purpose of the attached instrument.
- Example: “ATTACHED: Obituary of John Smith, evidencing that his sole surviving heirs were his two children, named as grantees in this notecard.”
- Enter a Flag-Note explaining the assumption being made;
- <REVERSION> toggle a Notecard to reflect a reversionary interest, such as; a term mineral deed, life estate, etc.
- Make a Flag-Note of what will trigger the reversion.
-
- If the reversion has already transpired, include any relevant documents indicating that the reversion has taken place with corresponding Supporting Doc-Note(s)
Similar Articles