Most Indiana mineral owners and oil and gas operators are familiar with the Indiana cancellation statute for oil and gas leases. Generally stated, the statute provides that if a mineral owner (usually also the surface owner) can establish that there has been a cessation in oil or gas operations on the leased property for over one year, that person can file an affidavit with the County Recorder to terminate the lease.
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Real Estate Law Blog
A Mineral Owner’s Primer for Escaping a Bad Oil and Gas Lease the Old Fashioned Way
Thursday, July 22nd, 2010Local Governments Continue to Use Federal Grants to Assess and Cleanup Underused and Abandoned Properties
Thursday, July 1st, 2010Many cities and towns are left with abandoned and underused real property that is not attractive to buyers due to perceived or actual environmental issues. Even with the best vision in place, it still takes money to start down the redevelopment path and bring stakeholders together. (more…)
Bamberger Adds Environmental Law to our Construction and Real Estate Law Toolbox
Thursday, June 17th, 2010As Managing Partner, I’m always on the lookout to find areas where our firm can improve the services we provide to our clients. With burgeoning growth in our real estate and construction law teams, I felt it was essential that we bring in an attorney with substantial legal and technical environmental experience. With that in mind, I’m pleased to announce the addition of Jamie Dameron to Bamberger’s arsenal of attorneys. (more…)
Farm Leases: A Case for Putting it Down on Paper
Thursday, May 27th, 2010While the landowner and the tenant farmer often prefer to avoid complicating a farm lease transaction with written contracts, both parties can save themselves a great deal of difficulty in the future by making sure they have a meeting of the minds put down in writing. (more…)
Landowner’s Duty to Plug and Abandon and Oil and Gas Well
Monday, April 26th, 2010Yes. If you are a landowner who has an oil or gas well on your property, you may be required by law to plug and abandon any well on your property that is no longer in operation. (more…)
Notice: Change in Bamberger Blog Subscription Provider
Wednesday, April 21st, 2010As the Bamberger Blog subscriber list continues to grow, we have decided to upgrade our Blog’s email and RSS service from Google Feedburner to the more enhanced Google FeedBlitz. (more…)
Exceptions Are Everything
Monday, April 19th, 2010Items listed as exceptions to a title insurance commitment are placed in the last portion, or Schedule B-2, of the commitment. As such, the items are often ignored when reviewing your commitment. However, these exceptions can significantly alter the scope of your title insurance coverage. Without understanding the matters listed as exceptions, you cannot evaluate the title to your real estate. (more…)
An Ounce of Prevention
Monday, April 12th, 2010The purchase of a home is a significant financial and emotional investment. The process can be very time-consuming and stressful. An attorney’s role in this process is to examine legal issues and prevent future legal problems before they arise. (more…)
Beware of Disclaimers
Monday, April 5th, 2010When purchasing real estate, you hire many professionals to inspect the property and provide you advice. Various conditions are often reviewed including environmental contamination, termite damage, structural integrity, the operations of plumbing, electrical and mechanical systems, radon levels and boundary line encroachments. The consultants often provide you with their form of service contract immediately before performing their work. (more…)
Title Insurance Versus Title Opinions
Wednesday, March 31st, 2010Lenders have always required evidence of good title to real estate as a condition to approving a mortgage loan. This evidence is usually in the form of a title opinion or title insurance. Whether to order a title opinion or title insurance will affect the amount of the borrower’s loan costs and the scope of protection afforded to the lender. You should be aware of the differences before deciding on the form of protection. (more…)