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68th Annual Institute 2022: Post-Execution Issues – Corrections, Ratifications, and Title Certainty
Niki Roberts
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After a deed, assignment, or contract is executed, a wide array of subsequent instruments are commonly employed in the oil and gas industry, such as ratifications, stipulations, amendments, corrections, division orders, revivors, and consents. In addition, many courts have recognized that certain actions may constitute an implied ratification, revivor, or consent. Sometimes these post-execution instruments cure an issue, but sometimes they may unintentionally introduce additional issues or disputes. While it is often stated that courts favor results that support the policy of title certainty and reliance on recorded instruments, a number of well-recognized exceptions to that position have been recognized. Two recent Texas Supreme Court decisions dealing with ratifications and correction deeds highlight that courts may be moving away from the policy of supporting title certainty in a way that may have unexpected consequences. This presentation examines the use of post-execution instruments and the doctrine of implied consent as discussed in relevant case law.
1 CLE CO-813661
This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.
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