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Land & Energy Title

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Babst Calland’s Land and Energy Title Group is a key extension of our clients’ land and legal departments within the domestic energy, oil, gas, renewable and mining industries. In partnership with our clients, we approach every energy project to relieve impediments to their progress and development in a clear, concise and timely manner.

Our oil and gas clients include exploration and production companies in the most active basins including the Marcellus, Utica, Permian, Eagle Ford, San Juan, SCOOP/STACK, Powder River, Alaska and Williston, among others. Our title attorneys are an efficient and value-added resource as land departments engage in leasing, development and production.  As clients work to acquire or divest assets, our dedicated due diligence team assists in every phase of a transaction from initial negotiations, to identification of defects and curative, and through post-closing due diligence.

For our renewable energy clients, the Title Group provides an initial point of contact as they evaluate proposed project locations, identify owners, cure title defects and execute transactions to expand their portfolio whether through acquisition, leasing or otherwise.  The Title Group provides services to an array of project development roles including project aggregators, site hosts, owners and operators, and to projects of varying sizes including utility scale, community or small projects, in the most active regions across the country.

Clients recognize Babst Calland for our knowledge and ability to provide the energy industry with quality title examination and practical curative advice, and support on transactional matters giving special consideration to the relevant history and legal nuance of each jurisdiction in which we practice.  Our services include:

  • Original and supplemental title opinions on surface and sub-surface ownership and interests
  • Acquisition title opinions and mineral ownership reports
  • Division order title opinions
  • Due diligence in acquisition, lease, sale or trade utilizing our proprietary database
  • Financing title opinions
  • Practical title defect and risk assessment
  • Curative assistance
  • Statutory unitization and co-tenancy procedures
  • Coordinating and executing title insurance coverage and endorsements
  • Assisting on preparing easement, right-of-way, license and similar agreements
  • Preparing lease forms and procedure for leasing, coordinate leasing plan, procedure and communication with landowners and community
  • Advising clients on various title issues and drafting appropriate curative instruments for:
    • Accommodation, Surface Use and similar agreements
    • Analyze survey issues
    • Subordination or release of superior liens and encumbrances
    • Affidavits, amendments, ratifications and acknowledgements
    • Intestate heirships and incomplete estate administration
    • Actions to quiet title

Because our energy attorneys regularly structure, draft, review and negotiate contracts in support of project development, including preparation of  Development Agreements, Joint Operating Agreements, Cooperation Agreements, AMIs, Farmout Agreements, Term Assignments, Accommodation Agreements, Power Purchase Agreements, Operation & Maintenance Agreements and Interconnection Agreements, our title examination brings with it the depth and experience necessary to provide value to our clients.

To provide for efficient delivery of legal services, we have assisted our clients in preparing specific field documents tailored to a particular region or a complete project that can be used by a land department with minimal additional modification by in-house counsel. These template documents and projects include leases, memoranda of leases, affidavits, options/letters of intent, purchase agreements, easements and term assignments.


Additional Resources
“Title analysis and examination is an esoteric and comprehensive area of the law and one that has its own distinct terminology, law and procedures. Babst Calland’s title attorneys are equipped with the knowledge and understanding of the needs of our energy clients to help guide them through either verifying ownership through due diligence or clearing title and releasing locations for development.”

– Bruce F. Rudoy

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