T-19 Minerals Checklist

The T-19 endorsement is applicable to Texas loan policies.  The T-19.1 endorsement applies to owner’s policies.  Stewart provides checklists to assist in the preparation of these forms including a T-19 checklist for dealing with reversionary rights; violations of building setbacks and easements;  a T-19 checklist for assessments, charges and liens; options or right of first refusal or prior approval a checklist for mineral interests,  and a T-19 checklist for matters discovered by a survey.  Stewart also provides a combined checklist for the T-19.1 endorsement dealing with the same issues.

 

FORM T-19 LOAN POLICY ENDORSEMENT
MINERALS CHECKLIST
(Revised JANUARY, 2014)

GF NO.                                                          

Effective February 1, 2010, do not physically delete any text from the face of the Form T-19 Endorsement itself.  When coverage deletion from the Endorsement is necessary, place the following deletion statement in Schedule “B” of the Loan Policy as a separately-numbered item: “The following subparagraph(s) of the attached Form T-19 Restrictions, Encroachments, Minerals Endorsement are deleted:                                    .”

MINERAL INTERESTS/LEASES COVERED BY RULE P-5.1 SCHEDULE “A” MINERAL ESTATE EXCLUSION OR SCHEDULE “B” GENERAL MINERAL EXCEPTION. UNLESS AT LEAST ONE OF THE FOLLOWING CONDITIONS APPLIES TO THE LAND BEING INSURED, YOU MUST DELETE SUB-PARAGRAPH NO. 4(d) FROM THE T-19 ENDORSEMENT:

             The land covered by the insured mortgage is located within the municipal boundaries of an incorporated city that has enacted a drilling-permit ordinance.

             No minerals of any kind are currently produced in your county or in the adjacent county nearest to the land.

             The land covered by the insured mortgage consists of five (5.00) acres or less used for single-family residential purposes, and no minerals are currently produced on the land or in its immediate vicinity.

             You obtain Underwriter Approval.
              Date:                
              Approved by:                                                

MINERAL INTERESTS/LEASES COVERED BY SPECIFIC SCHEDULE “B” EXCEPTIONS (WITH OR WITHOUT THE RULE P-5.1 SCHEDULE “A” MINERAL ESTATE EXCLUSION AND/OR THE RULE P-5.1 SCHEDULE “B” GENERAL MINERAL EXCEPTION):

MINERAL INTERESTS. You must except to each outstanding mineral interest in Schedule “B” of the Loan Policy. You may omit exception if the interest was limited to a term of years now expired (and, if extendable by mineral production, you are satisfied that no minerals are being produced 1) from any part of the land covered by the original reservation/grant and 2) from other property with which the mortgage land has been pooled or unitized under recorded agreement/order). UNLESS AT LEAST ONE OF THE FOLLOWING CONDITIONS APPLIES TO EACH MINERAL-INTEREST EXCEPTION, YOU MUST DELETE SUB-PARAGRAPH NO. 4(d) OF THE T-19 ENDORSEMENT:

Applies to B/                      : By its terms, the mineral interest is limited to a royalty right (participating or non-participating).

Applies to B/                      : In the original reservation/grant or by subsequent recorded agreement, the mineral owner has waived/relinquished rights to use the surface of the land.

Applies to B/                      : The mineral owner has joined in a recorded agreement designating a drill-site that does not include any part of the land covered by the insured mortgage.

Applies to B/                      : The land covered by the insured mortgage is located within the municipal boundaries of an incorporated city that has enacted a drilling-permit ordinance.

Applies to B/                      : No minerals of any kind are currently produced in your county or in the adjacent county nearest to the land.

Applies to B/                      : The land covered by the insured mortgage consists of five (5) acres or less used for single-family residential purposes, and no minerals are currently produced on the land or in its immediate vicinity.

Applies to B/                      : You obtain Underwriter Approval.
Date:                    
Approved by:                                           

MINERAL LEASES.  You must except to each outstanding mineral lease in Schedule “B” of the Loan Policy.  You may omit exception if the primary term of the mineral lease has expired and you are satisfied that no minerals are being produced from any part of the original leased tract.  UNLESS AT LEAST ONE OF THE FOLLOWING CONDITIONS APPLIES TO EACH MINERAL-LEASE EXCEPTION, YOU MUST DELETE SUB-PARAGRAPH NO. 4(d) OF THE T-19 ENDORSEMENT:

Applies to B/                      : All minerals have been severed from the surface of the mortgaged land, and, prior to the mineral lease’s inception, all mineral owners joined in a recorded agreement that (a) generally waived/relinquished rights to use the surface or (b) designates a drill-site that does not include any part of the mortgaged land.

Applies to B/                      : The mineral lease stipulates that no exploration or production will occur on the surface of the land covered by the insured mortgage.

Applies to B/                      : The mortgaged land is located within the municipal boundaries of an incorporated city that has enacted a drilling-permit ordinance, and no permit has been issued for drilling on the mortgaged land.

Applies to B/                      : Subsequent to inception of the mineral lease, the lessee or its assignee has joined in a recorded agreement that (a) generally waives/relinquishes rights to use the surface of the mortgaged land or (b) designates a drill-site that does not include any part of the mortgaged land.

Applies to B/                      : You obtain Underwriter Approval.
Date:                    
Approved by:                                      

 

For issuing guidelines on this form, see Guidelines