# Title Opinion

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

A title opinion is an attorney's written examination of the chain of title to a tract, stating who owns the mineral and leasehold interests, what burdens and defects affect them, and what curative steps are required before an operator drills or pays.

## What a title opinion is
Before an operator spends millions drilling a well — and before it pays anyone a royalty — it needs to know exactly who owns the minerals and whether the title is clean. A title opinion is how it finds out. A licensed attorney examines the chain of title, usually working from an abstract or a landman's runsheet of the county records, and writes a formal opinion stating who owns what, subject to what.
Crucially, a title opinion does more than list owners. It flags defects — an unprobated estate, a gap in the chain, an unreleased lease, a questionable conveyance — and sets out the requirements, or curative, needed to clear each one. It is the authoritative document operators rely on, more rigorous than a self-serving affidavit.

## Drilling vs. division order title opinions
Two kinds show up most often. A drilling title opinion (DTO) is prepared before drilling to confirm the operator has good leasehold title across the unit and to identify any curative that must be handled before spending the money. It protects the operator's investment.
A division order title opinion (DOTO) comes after a well is completed and is used to set the division of interest — the exact decimal each owner is paid on. The DOTO is where an owner's royalty decimal is calculated and confirmed, and where a defect in your title can turn into funds held in suspense until it is cured.

## Why it matters to a mineral owner
You rarely commission a title opinion yourself, but its conclusions land on you. If the examining attorney raises a requirement against your interest — proof of heirship, a corrective deed, a missing release — the operator will often hold your royalties in suspense until you satisfy it. Understanding that a title opinion is driving the request helps you respond with the right document instead of guessing.
It also matters at sale. A buyer effectively runs its own title review, and the same defects a title opinion would flag are the ones that reduce value or slow a closing. When Buckhead Energy evaluates an interest, we do that title work up front, identify what a title examiner would require, and handle the ordinary curative — so an opinion's requirements become a checklist we manage rather than an obstacle you face alone.

## Frequently asked questions

**What is a title opinion in oil and gas?**
It is an attorney's written examination of the chain of title stating who owns the mineral and leasehold interests in a tract, what defects affect them, and what curative is required before an operator drills or pays. Operators rely on it to decide whom to pay.

**What is the difference between a drilling and a division order title opinion?**
A drilling title opinion (DTO) confirms leasehold title before drilling and identifies curative to handle first. A division order title opinion (DOTO) is prepared after completion to set the exact decimal each owner is paid — where royalty decimals are calculated and confirmed.

**Why is my royalty in suspense because of a title opinion?**
A title opinion may raise a requirement against your interest — proof of heirship, a corrective deed, a missing release. The operator often holds your royalties in suspense until you satisfy that requirement, then releases the funds and pays going forward.

**Is a title opinion the same as an affidavit of heirship?**
No. An affidavit of heirship is sworn evidence of who inherited; a title opinion is an attorney's analysis of the whole chain of title and is more authoritative. A title opinion may itself require an affidavit of heirship as curative for an unprobated estate.

## Related terms
- [Chain of title](https://www.buckheadenergy.com/chain-of-title)
- [Proving mineral ownership](https://www.buckheadenergy.com/how-to-prove-you-own-mineral-rights)
- [Division orders](https://www.buckheadenergy.com/division-orders)
- [Affidavit of heirship](https://www.buckheadenergy.com/affidavit-of-heirship)

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