[City, State] – [Date] – Property transactions, oil and gas leases, and mineral rights transfers all require clear proof of ownership. In Pennsylvania, a title opinion is the legal document that confirms who owns a property or mineral interest and identifies any issues that could affect that ownership. Kostrub Law Firm, PLLC, a Pittsburgh-based law firm with experience in energy law and real estate matters, is sharing this step-by-step guide to help property owners, landmen, and energy companies understand how the title opinion process works.
What Is a Title Opinion
A title opinion is a written legal document prepared by an attorney after reviewing the chain of title for a property. It states the attorney’s professional opinion about who owns the property or mineral rights and if there are any liens, encumbrances, easements, or defects that could affect ownership.
Title opinions are commonly used in real estate transactions, oil and gas development, and estate settlements. Lenders, buyers, and energy companies rely on them to verify ownership before moving forward with a deal. Without a clear title opinion, transactions can stall or fall apart entirely.
Why Title Opinions Matter in Pennsylvania
Pennsylvania has a long history of property ownership, and many parcels have changed hands multiple times over the past century or more. In areas with oil and gas activity, mineral rights may have been severed from surface rights decades ago. This means that the person who owns the land today may not own what lies beneath it.
A title opinion attorney in Pennsylvania reviews historical records to trace ownership and identify any gaps or problems. This protects buyers, lenders, and energy companies from acquiring property with unclear ownership or undisclosed claims.
Step 1: Gather Property Information
The first step in obtaining a title opinion is collecting basic information about the property. This includes the legal description, parcel number, and the names of current and previous owners if known. For oil and gas title opinions, you will also need information about the specific mineral interests involved.
Having accurate property information speeds up the process and helps the attorney focus the title search on the right records.
Step 2: Hire a Title Opinion Attorney
Title opinions must be prepared by a licensed attorney. While some real estate transactions use title insurance companies to conduct searches, a formal title opinion requires legal analysis and a written opinion letter signed by an attorney.
When choosing a title opinion attorney in Pennsylvania, look for someone with experience in the type of transaction you are working on. Real estate purchases, oil and gas leases, and estate matters each have their own considerations. Kostrub Law Firm, PLLC has been providing title opinions for clients in the energy and real estate sectors since 2006, with particular experience in oil, gas, surface, and coal title matters.
Step 3: Conduct the Title Search
Once retained, the attorney or their team will conduct a title search. This involves reviewing public records at the county courthouse or through online databases. The search typically covers deeds, mortgages, liens, judgments, easements, wills, and other documents that affect ownership.
What Records Are Reviewed
The title search may include:
- Deeds showing transfers of ownership
- Mortgages and satisfactions of mortgages
- Tax liens and municipal claims
- Court judgments against current or former owners
- Probate records if property passed through an estate
- Oil and gas leases and assignments
- Easements and rights-of-way
The goal is to trace the chain of title back far enough to establish clear ownership. For oil and gas opinions, this often means going back to the original land grant or patent.
Step 4: Identify Title Defects
During the title search, the attorney looks for any issues that could affect ownership. These are called title defects, and they can include:
- Missing signatures on deeds
- Unreleased mortgages or liens
- Breaks in the chain of title where a transfer was not properly recorded
- Conflicting claims from heirs or previous owners
- Easements that restrict how the property can be used
- Mineral reservations that were not disclosed
Identifying these defects early allows the parties to address them before closing or before drilling begins.
Step 5: Prepare the Title Opinion Letter
After completing the search and analysis, the attorney prepares a written title opinion letter. This document summarizes the findings, states the attorney’s opinion on ownership, and lists any defects or exceptions that affect the title.
What the Opinion Includes
A typical title opinion letter contains:
- A description of the property or mineral interest
- The attorney’s opinion on who owns the property
- A summary of any liens, encumbrances, or defects found
- Recommendations for clearing defects if applicable
- The effective date of the opinion
The opinion letter is addressed to the client and may also be shared with lenders, buyers, or other parties involved in the transaction.
Step 6: Address Any Defects
If the title opinion reveals defects, the parties will need to decide how to proceed. Some defects can be cleared by obtaining releases, corrective deeds, or affidavits. Others may require legal action to quiet title or resolve disputes.
A title opinion attorney in Pennsylvania can advise on the best course of action and assist with clearing defects so the transaction can move forward.
About Kostrub Law Firm, PLLC
Kostrub Law Firm, PLLC is a Pittsburgh-based law firm serving clients throughout Pennsylvania. The firm provides title opinions for oil and gas transactions, surface and coal matters, and real estate transactions. With a background in energy law and estate planning, the team at Kostrub Law Firm brings practical experience to every title matter.
For more information about title opinions or to schedule a consultation, visit https://kostrublaw.com/.
