Replies to This Discussion

Permalink Reply by jffree1 on January 16, 2013 at 6:35

Are these companies not required to follow this heirship chain before leasing these minerals, instead of just leasing the half of local property owners?

Simple answer...no, they are not. They can pool the owners who did sign a lease and ask for an exception for the unleased owners who they will say they were not able to locate. Most operators want to lease all of the owners of a mineral tract but it is not imperative that they do. It won't stop them from drilling if they have the other half of the mineral tract leased because that owner has the right to see production from his minerals.  

Are we heirs now entitled to lease payments, since they did not do "due diligence" in their searches?

No. The people who signed a lease were only paid bonus for the portion of the minerals owned by them. If the leases are expired, no wells were drilled and there is no production holding the leases then you guys just missed out, sorry. If they had drilled a well and royalties were/are being paid to the owners of the other half then you would need to contact the operator of the well to give them notice that you are owners in their unit. You would, most likely, then need an attorney because it could (probably will) get complicated, at that point.

Just in case there is another round of leasing, you can file an affidavit outlining who your grandfather's heirs are... his children and grandchildren, since some of his children are now deceased. It should include, at least, the town of current residence for each adult named if not their full address. I would use an attorney because he/she will know which format would be best to include the description of the mineral tract you own. You want to tie your names to that tract of land and put it in the county records. If you have an affidavit on file you should be found... next time.  

Permalink Reply by jffree1 on January 16, 2013 at 6:38

Don't know why the font changed... weird.

Permalink Reply by texasj on January 18, 2013 at 8:39

Thank you for the great information.  I am very sorry that I was not able to respond sooner.  I had a couple of people advise me to fill out an affadavit and record it.  I was assuming that it would be pulled up by using my name (which, of course, will not accomplish anything) and was sitting here, trying to figure how to file it so that it attaches to that "particular land", those particular minerals, and my grandfather's name---since we don't carry the same last name and no one knows us. I just didn't know how to accomplish that, so that it attaches to that particular property's mineral rights. Goodness, this shouldn't be sooo hard. 

Thanks so much.  I'll take all the advice I can get from any of you wonderful people. Then, if I could just ever get educated, I could pass advice onto others.  (Just not sure that I'm going to make it, based on the current speed of learning.)

Jeanne (texasj)