Running Title for Energy Projects
The process of “running title” seeks to understand how property has changed hands over time and packages that information into a usable format, such as a summary report. Developers for carbon capture and storage (CCS), solar, wind, oil, gas, and other energy projects rely on accurate title information to avoid land-related issues.
Overview of How Running Title Works
Specific steps for running title may vary depending on the use case and project requirements. For example, the amount of research necessary for a large solar park could be considerably different compared to a residential mortgage. That’s especially true if the project developer requires “full title,” which involves a comprehensive review of both surface and mineral rights. Running title “back to patent”—to the date of original granting—can also expand the scope of work.
Generally speaking, most title-related tasks for commercial energy projects fall into the following categories:
Researching how property has changed hands. Courthouse research is still common, although a growing number of counties in the United States offer public databases to streamline title research. Grantor (the seller) and grantee (the buyer) indexes are especially useful for title research. Deed books help the researcher locate transaction documentation, such as warranty deeds.
Notating relevant information and collecting documentation. Reviewing grantor and grantee indexes helps the researcher build an accurate, sequential summary of how land ownership changed within the specified time frame. Photocopying documentation from deed books is a common practice, too.
Preparing run sheets, ownership reports, and title packets. A run sheet shows how ownership for a piece of property has changed over time. Land ownership reports provide important details about the tract of land, including who owns the mineral and surface rights. A title packet contains the run sheet, ownership report, and photocopies of documentation.
Partnering with a Specialized Service Provider
Not every title company has in-depth energy experience and knowledge. Working with a specialized land services company can be a wise decision, especially for complex energy projects involving multiple land tracts, severed mineral rights, oil and gas leases, easements, solar and wind park installations, or subterranean CO2 storage.
Contact Trigen Energy to discuss title services for energy projects.