the landman wants us to sign an affidavit, but I thought that is what the special warranty clause covered? would we still be required to sign the affidavit?
Our family has been through the “warranty” issue before, we require that leases strike the clause and that THEY ensure that THEIR title work is complete and accurate. The companies have been giving in on this with us. Be firm with them unless you know of a title issue, in which case, take steps to get the issue cleared up, it’s easier in the long run.
There is no way to answer your question until you reveal the terms of the affidavit. There are many, many types of affidavits.