Davis 3-6-99-3c

FROM THE TRENCHES
Curative: Fun in the Afternoon
BY FRED A. DAVIS II, CPL, PETROLEUM LANDMAN

Daytime work, it rings like a bell in the ear of the Field Landman. There are a few different types, disciplines if you will, of landwork that lend themselves to daytime activity. Courthouse title, due diligence, and curative are the predominant types that readily come to mind. Of these, curative is probably the least demanding technically. It does, however, require good people skills and the ability to build a network of individuals that are willing and able to help with various requirements in curative situations.

Curative is the rectifying of errors or holes in the chain of title of a certain tract of land. There are various instruments commonly used in curative situations: affidavits of heirship, use and possession, identity and non-production are some of the more prevalent. All of these do specific things and are used in different ways; they will be delved into later. What this article will deal with is the groundwork necessary to develop an effective support network.

The most important member of any network is the center of influence. This bell cow can command the respect of others and influence them to entertain a point of view more in line with the Landman. Usually the curative phase of a play comes after leasing and there is a general sense garnered during leasing of whom in the community wields influence. These are the people others will ask about various terms and amendments, or they will ask if the lease before them is like the one that the center of influence signed. Note these people and file them away in your memory. These folks can be very valuable not only at leasing time (their signing can influence others to follow suit) but also when venturing into the curative phase.

After these people have been identified, contact should be maintained and a relationship built. Since a business matter first got you together with them, try using them in further business matters. If they own a restaurant, eat there regularly no matter what the food is like. If they own a hardware store, find an excuse to go in and buy light bulbs on a weekly basis. The bottom line is to be visible and valuable. Show a willingness to give in the community outside of oil and gas. This kind of relationship building comes in handy when there are affidavits or other curative items to be obtained.

There is a basic distrust of oil people in many places, at times earned and at others undeserved, but it is a fact. We once had a woman call the police on us because she thought our geophysical crew was sucking the oil out from under her property and putting it under a neighbor's land that we had leased. Perhaps she was an extreme example of the type, but she showed how rabid anti-oil sentiment can be. With a well-respected center of influence working with you, getting to these adversarial individuals is a lot easier. One phone call from someone that is known and well liked by people in the area soothes a lot of tension. Many times, people who would not ordinarily talk to a Landman end up deposing as to the status of a tract of land. The most valuable people to contact are usually the ones who can be the most reticent – older people. Old people are an invaluable resource to a Landman doing curative work. There are two basic attributes that make them so endearing. They are at home and they remember.

Retired people, once they have enough trust in you to let you in the door, are the key to daytime work. As previously stated, they are usually at home and available during the day. Our job is one of long and sometimes inconvenient hours. Curative work, done with retired people, can be handled almost exclusively between nine and four with individuals who truly enjoy having a little company and being of help. To tell the truth, getting away from these kindly old folks can be a bigger problem than documenting the history at their disposal. The capacity of older people to remember people, places and facts can be amazing, and some of the stories can take you to the seamier side of local color. The things I learned about "The Best Little Whorehouse in Texas" while working in La Grange could make a sailor blush. I learned them from a man in his seventies. I wasn't doing curative at the time, but good people skills are of benefit no matter what the job description. An eighty-year-old man or woman will have at least sixty-five years of reliable local history at their disposal. A lot of holes in a chain of title can be filled with more than a half century of experience sitting across the table from you.

When working with retired people, don't just blunder in, get the facts and run off. It is extremely rude and will tick off those who can be of the most value. Don't be mercenary, have fun no matter what you do and stop to smell the roses. Spending fifteen or twenty minutes having a glass of tea and looking at pictures of a granddaughter's wedding has never killed anyone. Being nice and using your people skills to make one older man or woman feel good and valued has its rewards. Not only does it make you feel good at the end of the day; it has an effect like ripples running away from a pebble thrown into a pool. Retired people know and talk to each other. The news of these visits will spread through their community and positive word of mouth will take the place of the original center of influence. Before long, a network can be built that will encompass enough varied communities to fill the needs of many different curative situations. No one man or woman can possibly know all of the history of a region. The more people you have to talk to, the better and more effective you will be at your job.

Be sure to show your gratitude in substantive and sublime ways. A little nick nack, a jar of preserves or picture frame shows how much you appreciate their help and doesn't cost much at all. What is most appreciated by older people is a little attention to the things that matter to them the most – their family and history. Look around their houses for pictures of relatives and friends. Ask about them and show interest in their lives. Share a little about your own family. Pictures of your own children and wife can provide a little common ground and can set the stage for their recollections. They are willing to share the memories of a lifetime with you, respect it.

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