Title Curative

Running title is an important step for ensuring that utility-scale energy projects are built on solid ground. Sometimes, title research surfaces one or more issues that must be resolved prior to construction. Title curative is the process by which such problems are solved, thereby allowing project developers to move forward with confidence.

Reasons Why Title Curative Becomes Necessary

In the case of large energy projects, title-related issues can occur for one or more reasons. Oftentimes, underlying mineral rights are part of the story.

Severed Mineral Rights: Certain states like Texas do not allow mineral rights to expire, which means a severance that occurred 100 years ago could still be relevant today.

Reserved Mineral Rights: Sometimes sellers “reserve” a percentage of mineral rights as part of the sale agreement. This adds additional complexity, especially in states that lack mineral rights dormancy.

Inheritance of Mineral Rights: Whether completely severed or partially reserved, mineral rights can be passed down to subsequent generations. In some cases, this involves dozens of heirs—some of whom cannot be reached.

Title Curative Example

Let’s imagine that a developer intends to build a large solar park in a state without a dormant mineral act. Title research flags an issue for a 20-acre parcel within the intended project boundary. It turns out that mineral rights were severed in 1907 and subsequently passed down to multiple generations.

Performing heirship research identifies 30 people who now share mineral rights ownership. Some of the heirs are easily reached, making it possible to execute the necessary waivers. However, even after considerable due diligence, a handful of the heirs are deemed unreachable. In this scenario, understanding of the state’s unitization threshold is key. The project will likely remain stalled until the necessary threshold has been met.

Title Curative Services for Energy

Need on-the-ground support for a complex title situation? Contact Trigen to discuss your energy or infrastructure project. Landowner outreach and engagement, due diligence, heirship research, and project management are ways we can help.