Curative
Action taken to correct defects in a chain of title, such as obtaining missing documents, affidavits, or court orders.
Detailed Definition
Curative (or curative work) refers to the actions taken to correct or resolve defects, gaps, or irregularities in a chain of title. Title defects identified in a title opinion must be cured before a transaction can proceed or before production payments can be distributed.
Common title defects requiring curative: - Missing or improperly executed deeds - Breaks in the chain of title - Unreleased mortgages or liens - Missing probate proceedings for deceased owners - Incorrectly described property (legal description errors) - Missing spousal signatures on conveyances - Undischarged judgments - Tax sale irregularities
Types of curative actions
Documentary curative: - Obtaining corrective deeds or affidavits - Recording missing documents - Securing releases of liens or mortgages - Filing heirship affidavits
Judicial curative: - Quiet title actions - Probate proceedings - Court orders establishing ownership - Partition actions
Administrative curative: - BLM filings and corrections - State agency filings - Tax redemption certificates
Curative process: 1. Title attorney identifies defects in the title opinion 2. Curative requirements are listed 3. Landman or title company works to resolve each requirement 4. Documents are obtained, executed, and recorded 5. Supplemental title opinion confirms the defect is cured
Curative work is often the most time-consuming aspect of mineral title examination, particularly for properties with complex ownership histories.
Related Terms
Mineral Title
The legal ownership rights to minerals beneath the surface of a property, which can be separate from surface ownership.
Chain of Title
The chronological sequence of historical transfers of title to a property, establishing how ownership passed from one party to another.
Quitclaim Deed
A deed that transfers whatever interest the grantor has in a property without any warranties of title.
Title Opinion
A legal opinion by an attorney examining the chain of title to a tract of land and rendering an opinion on the state of the title.