CMM Title Research & Due Diligence 2

Question 1

When researching a chain of title, what is the primary purpose of examining a 'root of title'?

Accepted Answer

To establish a starting point from which a marketable title can be traced forward

Answer

A root of title is a conveyance or other title transaction at least a specified number of years old that is sufficient to start a chain from which marketable title can be traced forward.

Question 2

Which document type typically transfers mineral rights by operation of law rather than by a written conveyance?

Accepted Answer

Intestate succession

Answer

Intestate succession transfers property, including mineral rights, by operation of law under state statutes when a person dies without a valid will.

Question 3

A 'mother hubbard' clause in a deed is designed to:

Accepted Answer

Capture small tracts or strips of land adjacent to the described property

Answer

A 'mother hubbard' clause (or cover-all clause) is used to capture any small strips, gores, or adjacent tracts that the grantor may own near the specifically described property.

Question 4

In title research, a 'wild deed' refers to:

Accepted Answer

A deed recorded outside the normal grantor-grantee index chain

Answer

A wild deed is one that is recorded but outside the chain of title and therefore provides no constructive notice because a searcher would not reasonably find it in the index.

Question 5

What is the significance of a 'Duhig rule' in mineral title analysis?

Accepted Answer

It prevents a grantor from conveying more mineral interest than they own, even with warranty language

Answer

The Duhig rule (originating from a Texas Supreme Court case) prevents a grantor who already owns a fractional mineral interest from using warranty language to effectively claim more interest than they own in a subsequent conveyance.

(CMM) Certified Mineral Manager Practice Test

(CMM) Certified Mineral Manager Practice Test

CMM Title Research & Due Diligence 2