# Drilling Title Opinion

**Source:** Buckhead Energy Oil & Gas Encyclopedia (https://www.buckheadenergy.com/learn) — canonical: https://www.buckheadenergy.com/drilling-title-opinion

A drilling title opinion (also called an original or leasehold title opinion) is a title examination an operator obtains before drilling a well to confirm that it holds sufficient valid leasehold to drill and to identify the title requirements that must be satisfied first — as distinct from a division order title opinion, which is prepared after completion to set each owner's payment decimal.

## Confirming the right to drill
Before an operator spends millions drilling, it needs to be sure it actually holds enough good leasehold to drill and produce. A drilling title opinion answers that question: an attorney examines the recorded title to the tract and the leases covering it and issues an opinion on whether the operator has a drillable position — and what has to be fixed before spudding.
It focuses on the working-interest / leasehold side of title: are the leases valid and in force, who owns the leasehold, and are there gaps, expired leases, or unleased interests that need attention. It is the operator's green light to drill.

## Drilling opinion vs. division order opinion
Operators usually get more than one title opinion for a well, at different stages. The drilling title opinion comes first, before drilling, and asks "do we have good enough leasehold to drill, and what must we cure?" The division order title opinion comes after completion and asks "exactly what decimal does each owner get paid?"
The drilling opinion is about the right to drill; the division order opinion is about who gets paid and how much. A supplemental opinion may follow either to address curative or later changes. Each is a snapshot of title for a specific purpose and date.

## Title requirements and curative
A drilling title opinion typically ends with a list of requirements — defects and open questions the examiner wants resolved, such as an unreleased prior lease, a gap in the chain, an unprobated estate among the lessors, or an unleased interest to lease or pool. The operator (through its landmen) then works these with curative: obtaining releases, leases, affidavits, or ratifications before or shortly after drilling.
Unleased or unresolved interests found here are often what later drive pooling or leave certain owners in suspense until cured.

## What it means for owners and buyers
A mineral owner does not receive the operator's drilling title opinion, but its existence explains a lot: whether your interest was leased or needs pooling, and why the operator may contact you for a lease, ratification, or curative before a well is drilled. If you are approached in that window, it usually means a drilling title opinion flagged your interest.
For a buyer evaluating leased minerals or a working interest, the leasehold picture a drilling opinion examines is central to whether and how a tract will be developed. Buckhead Energy considers leasehold and development status when valuing interests. This page is educational information, not legal advice.

## Frequently asked questions

**What is a drilling title opinion?**
A title examination an operator obtains before drilling to confirm it holds enough valid leasehold to drill and produce, and to identify the title requirements that must be cured first. It is also called an original or leasehold title opinion.

**How is a drilling title opinion different from a division order title opinion?**
A drilling title opinion comes first, before drilling, and confirms the right to drill and what must be cured. A division order title opinion comes after completion and sets each owner's exact payment decimal. One is about the right to drill; the other about who gets paid.

**What are title requirements in a drilling opinion?**
Defects or open questions the examiner wants resolved before or shortly after drilling — an unreleased prior lease, a gap in the chain, an unprobated estate, or an unleased interest to lease or pool. Landmen work these through curative.

**Why did an operator contact me before drilling a well?**
Often because a drilling title opinion flagged your interest as unleased or needing curative. The operator may ask you to sign a lease, a ratification, or documents to clear title before it drills, or it may pursue pooling if you do not lease.

**Do I get a copy of the drilling title opinion?**
No — it is the operator's attorney work product. But knowing it exists explains why the operator may approach you for a lease or curative before drilling, and how your interest fits into the leasehold the operator needs.

## Related terms
- [Division Order Title Opinion](https://www.buckheadenergy.com/division-order-title-opinion)
- [What a Title Opinion Is](https://www.buckheadenergy.com/title-opinion)
- [Curative Title Work](https://www.buckheadenergy.com/curative-title)
- [Forced Pooling](https://www.buckheadenergy.com/forced-pooling)
- [Oil & Gas Encyclopedia — all terms](https://www.buckheadenergy.com/learn)

_Educational information only, not legal or tax advice. Buckhead Energy is a direct buyer of oil & gas mineral and royalty interests._