Know Your Rights - Texas Mineral Law


Know Your Rights - Texas Mineral Law

Place to discuss and learn about oil and gas legal issues in Texas.

Members: 154
Latest Activity: on Tuesday

The information in this group is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.

Discussion Forum

Can operator leave adubu out Texas Well plat 33 Replies

In Texas operator has plat for H shale well. The Plat is perfect Rectangular for better N/S lateral. They cut a 24 acres off a  tract  that deep rights control by another operator that will not deal with operator drilling new unit. These 24 acres…Continue

Started by Skip Peel - Independent Landman. Last reply by Skip Peel - Independent Landman Jul 20, 2013.

Looking for O&G attorney in Tyler area 7 Replies

I'm looking for a reasonably priced Oil & Gas or Real Estate attorney to help me with a mineral ownership issue. The minerals are in Smith county so I was looking for someone in the Tyler area. I cant spend a lot of money as the mineral interest…Continue

Started by Dave. Last reply by cccogml Jul 18, 2013.

Texas HB100 Forced pooling bill very bad for Texas mineral owners 32 Replies

REQUEST YOUR STATE REPRESENTATIVE OPPOSE HB100.The Forced Unitization Bill, HB 100, has been set for a hearing at the House Energy Resources Committee this Wednesday, March 13.  This is an extraordinarily bad bill for landowners and mineral interest…Continue

Started by intrepid. Last reply by adubu Mar 12, 2013.

Lease Language for Texas 3 Replies

I am trying to help my elderly aunt, who has  1 acre of mineral rights which is in an undivided interest of a 40 acre tract in Texas within the Haynesville shale. All the other relatives who have mineral rights in the 40 acres have signed the lease,…Continue

Started by Boomer. Last reply by Ben Elmore Jul 13, 2012.

Production Sharing Agreement 5 Replies

Panola County -We are being encouraged to sign a Production Sharing Agreement by Anadarko that will effect our minerals in Panola County in order to drill a Horizontal Haynseville Shale Well (these minerals have been HBP since the 40's with a 1/8…Continue

Started by C_Willi. Last reply by Ben Elmore Jul 11, 2012.

How long can a operator hold lease after older well is shut-in? Question for Ben or anyone 14 Replies

A James Lime Well in East Texas drilled and produced for 9 years so HBP a 600 acre lease with this one well--- Well made < 150 mmcf of the 9 years and last production about 1500 mcf in month ~50 mcfd --- CHK came in and removed everythink off pad…Continue

Started by adubu. Last reply by Ben Elmore Jun 11, 2012.

Length of time to prepare division orders? 11 Replies

Hello - Evidently we had a producing well drilled in some minerals that we own.  It was completed in May but we still have not received any DO.  How long does it usually take?  Is there a statutory limit on how long it can take? Thanks in advance…Continue

Started by Montana Slim. Last reply by Ben Elmore Mar 26, 2012.

Carried Working Interest in Texas 5 Replies

Here’s a hypothetical situation. Suppose there is a 90-acre undivided tract which is 2/3 leased ... with 1/3 holding out (30 net mineral acres). One operator has all the surrounding property leased ... and pools the 90 acres into a 360-acre pool ...…Continue

Started by Ray. Last reply by Ben Elmore Feb 17, 2012.

Comment Wall


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Comment by Sherry Mobley on March 9, 2011 at 5:07pm
Texas Mineral Rights..A landman contacted us in La about purchasing each of our parts of 12 acres. Actually they were wanting us to give up our mineral rights. No one agreed to all this because we did not know the land even existed or that it was a part of 124 acres that the owner???? leased out. He pd back taxes and says he owns the surface and all of us own the mineral rights on the 12 acres which is part of the 124. There was a lot of research to be done being we were mislead through the landmans letter to all of us. The land was not the issue the MIN RIGHTS were the issue. After a trip to Center Tex there was a well in the middle of our 12 acres. According to the RRc the horizontal well is on our 12 and 2 more wells further down. We contacted the landman, the owner and the well company. We were told no one wanted to sell. And no one told us anything about the wells. The drilling co said the well had been producing since Oct 2010 but no Royalties had been paid because they cannot get  a clear title. The owner told us we own the Mr and he owns the surface??? Yet we all have warranty deeds they wanted us to sign buying the surface from us. When finally they admitted we all own the Min Rights on that 12 acres. The land owners lawyer told us if we did not want to accept their offer to contact the drilling co. And we did. The drill co said they were so far behind. They would contact eventually with their own landman and we could provide proof of heirship. Now we do not know the Laws on MR in Texas. The landman said he would assure us there was money going in an acct for us somewhere. We would like to know what we should do next without having to hire an attorney. How do we know what this well is producing? How do we know all of this was leased legally, being the land owner turned in he was total owner of this acreage to lease it out yet they tried to buy it from us. Would we get paid on the royalties just on the 12 or for what ever is producing in that section leased? Should we do anything before or just wait on the Co. We have called the Royalty dept several times and they tell us the same thing. Working on a clear title. We need to know what this well is pumping?And where the money is what we have to do. Is there a time limit.
Comment by Ben Elmore on February 20, 2011 at 1:17pm
True but at some point it will be online at the RRC.
Comment by adubu on February 20, 2011 at 1:05pm
Ben--Yes final plat it has to be filed with rrc -- but I think general public would have to go to court house for copy since at this time it's not on line for public view
Comment by Ben Elmore on February 20, 2011 at 12:01pm
The RRC will need to know the revised unit size and will want a plat for purposes of it sregulation of spacong, assigning allowables, etc. So the amended P12 and plat are to be filed with the RRC.
Comment by adubu on February 20, 2011 at 11:24am
Ben---Please correct me if I'm wrong---- does not the original drilling permit for new units #1 well have to fit state RRC minimal field rules i.e. say for Travis Peak well in Martinsville field Nacgodoches Texas requires minimal 40 acre spacing; therefore permit could be on 40 acre plat. This plat with permit is recorded on RRC site when permit applied for. Later operator can extend unit as long as minerals added are contiguous up to 640+-10% any larger requires State RRC ruling. The final unit size will be filed for record with county clerk's office and not required to place online with RRC so you must go to court house to find final unit plat, but if you are a mineral interest owner in the unit you can request copy of P-12 list, copy of plat from operator before you sign DO to be sure your decimal interest is correct
Comment by Ben Elmore on February 19, 2011 at 7:09pm
The RRC doesnt normally recommend unit sizes. The operator determines the size it wants and seeks approval ffom the RRC. There may be a legitimate basis for the increase. The operator certainly has the duty to drill sufficient wells to develop the entire unit so you might get more wells drilled. Without knowing the specifics I can't say much more. What type of well are we talking about? Do you know the well name and location?
Comment by Martha Lindsey on February 19, 2011 at 6:19pm
Ben, thanks for taking the time to answer questions, and I have one for you. I learned this week (from a landman) that our small unit has grown from 200+ acres to 900+ acres. Our royalties--if and when they come--will be pretty diluted. He said the RRC recommended the increase. Who is in charge of who?  
Comment by gloryc on February 17, 2011 at 11:03am
I totally agree with BTI, if we had known all this before we signed, mainly that deep minerals was never mentioned.
Comment by JWC on February 10, 2011 at 4:50pm
Thanks Ben.  This group will be helpful to all of us mineral owners.
Comment by btj on February 10, 2011 at 8:46am
Thanks Ben. I wish this had been available before I signed my lease. I had never heard of the Haynesville Shale then. As they say, if I had only known then what I know now.   

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