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Permalink Reply by DJG on July 6, 2012 at 8:56

Shelby County Clerks Office has almost all of their records available to view via thier web based search site at:

 

http://cc.co.shelby.tx.us/

 

You can enter the book and page number via the links on that site to view the documents pertaining to your minerals.

 

Which company has recently contacted you regarding leasing?

 

 

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Permalink Reply by texasj on July 6, 2012 at 9:35

No companies have contacted me, as of yet.  I just found out that my mom owned the rights, along with my uncles.  However, no one has located any paperwork showing ownership.  The only thing I have so far, is my uncle's old lease that is now expired.  We haven't found any papers showing ownership of the rights.  My mom is now deceased and there are 5 of us children.  We have to obtain copies of her ownership papers from somewhere, then file that we are the legal heirs to these rights.  We did not find this paper when we went through her things.  I just can't take off work now and drive across the state to research in person.  I am trying to find out who owns the actual surface property right now and don't have the actual address, because it was a 60 acre tract of unimproved land.  It could have sold many times by now, and into who nows how many smaller pieces.  I think it might be a daunting task, from where I am.  Thanks for answering.   

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Permalink Reply by DJG on July 6, 2012 at 9:01

Also suggest that you join the Shelby County group on this website as additional info on the area can be found via that link:

 

http://www.gohaynesvilleshale.com/group/shelbycounty

 

The group has been a bit quite lately as activity in the area slowed down considerably over the past year due to low price of NG.   That said, there is still quite a bit of good info in the discussions there.

 

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Permalink Reply by texasj on July 6, 2012 at 9:35

I just joined the Shelby County group about an hour ago.  Thanks.  Any help is appreciated.

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Permalink Reply by adubu on July 6, 2012 at 14:18

tesasi-- the best thing you can do to get started to find out who the owners of the minerals are is to go online to the web site for Shelby County records per  DIG first reply to your question. Very friendly user site. Also has link to find property by name search. Also go to Texas RRC site and check Map of the Survey for activity in area. ---Talk to your heirs of family they may already know about it if your Mom and Uncles think they are owner then they have Wills or something to prove it---  are the minerals leased?---Good luck------ BTW Classic recently drilled a H Bossier Shale well in the SSE part of that Survey--- The Batts Well #1H-- but not completed yet-- unfac--- this survey is about 3 miles  or so  West of Joaquin Texas just to North of Hwy 7 and South of US 84

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Permalink Reply by texasj on July 7, 2012 at 8:20

Thanks for all the info.  The last known lease (the one that I have a copy of) was leased by Palmer Exploration, in 1984.  It is the only one that we are aware of and my mom has been dead since '94.  The only uncle that's still alive, is too old to give us any useful info, other than to tell me that my mom owned the rights with him and his brothers.  No one has shown us a deed that shows ownership names, so I have a lot of research to do.  Thanks again. 

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Permalink Reply by adubu on July 7, 2012 at 8:56

tecasi--- the lease from Palmer Exploration  does not prove Title to the Minerals-- however in the lease it will give you a starting point with the legal description to the land tract the minerals are associated with in reqard to that lease ( You may have other Minerals outside of this tract check your mom estate list of properties) and should say something about at that time last sale from who to whom with total acres in that tract but says nothing about % net minerals and how many people may have ownership in same. You can start with that and run title back to see if at what point the minerals were resevered or conveyed and separated from surface. Then check you Mother Will ( I hope she had one) to see who she left the minerals she own too what heirs. If your Uncles ( I assume mom brothers ) along with your mom inhertied equal undivided interest in the minerals and land at time of their parents  death. If land has been sold by all since your mom death I hope the deed stated the Minerals were all reserved if not wriiten in the deed then they went  with the  land and you have no ownership anymore. So check you mother's Will( If none I assume all sibling sign a heirship back to your mom)  to see how estate was divided to all with minerals. Do you have silblings? if so they have equal amount too.  After you find the legal description of land in 1984 you then must run title backwards of everytime the land changed hands back about ~ 100 years or to orginal land grant and look for evidence if minerals were separated from land by reservation or not. This is so called Title Run Sheet which Title opinion of present ownership is based on. You have to find copies of deeds. So go to the web site of Shelby County as directed by DIG above ---happy hunting-- hopeful your mom left will with all outline in it. How did you find out you maybe heir to some minerals?If minerals are separated from land they are property in them self and never return to land in Texas so can own minerals without land for ever

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Permalink Reply by adubu on July 7, 2012 at 9:20

texasi--- when you run the title of minerals you may find that 1/2 reserver and 1/2 conveyed in sell and then next 1/2 of remaining 50% reserved and so on -- so keep record of what % remaining with land as it changes hands. Once 100% of minerals reserved out then all future land sells change of hands will have NO minerals. If on first sell 100% minerals resevered then they are separated for ever and land has NO minerals. If your Mom parents still had 100% minerals and then left to heirs equally and if say 4 heirs then they have 25% undivided each so when your mom died ( I assume your father died first so your mom had 100% ownership of her Estate at death) then you and sibling spilt the 25% you Mom owned. If you have one sib then you own 12.5% This is reason in Shelby County Title runs can be nightmare with land and minerals changing hands after 4-5 generations and maybe several hundred heirs.Can end up with heirs owning small fraction of acres of net minerals. You may get lucky and a landsman who runing title for a lease will do all this work for you so to get lease.

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Permalink Reply by texasj on July 9, 2012 at 5:31

Oh boy!  I knew this would be a complicated mess.  My only surviving uncle sent me an email saying, "by the way, did you know that your mom owned a 1/6 share of the oil, gas and mineral rights, in Shelby Co.?"  I did not, as there was nothing mentioned in her will.  My dad died first and they both had a will. I have 4 siblings, so I would own 1/5 of 1/6, supposedly.  My siblings are aware that I am researching this for everyone.  My uncle was able to send me a copy of his last lease agreement, which is expired.  He did not locate any other paperwork (contract for mineral rights, etc.) just the lease copy.  I have gone to the Shelby Co website, and put in names, vol., pages, dates, etc.  and cannot seem to pull up anything, no matter how I enter it.  I've pulled it up dozens of ways---nothing.

I have the name of the oil co, uncle's name, survey name, date of lease-start and finish--,volume and page and can't pull it.  I also have the info for the warranty deed from when my grandfather sold the property,--vol, page, etc.--still can't pull anything from that website.  I cannot figure out why.  I don't know how may months it will be before I can drive up there in person to start this search, or if it is even worth it for 1/5 of 1/6.  Thanks again for all your help.

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Permalink Reply by adubu on July 9, 2012 at 5:58

texasi--- did you search via of your maternal grandparents names (your mom parents who I assume owned the property) and the name to  whom your grandfather sold the property. You can call the County Clerks office and see if you can sweet talk one of staff to see if they can pull up the deed of sell by your grandfather for that deed will show what minerals were reserved. If your grandfather did not make statement of minerals reserved then you are out of luck but if uncle has leased then family must have reserved minerals and they have been separated from surface at that time of sell -- that the deed you need --then copy of your parents last Will to prove what you own. If you can not find the deed on line and the staff found it you can order copy from them by sending check with return address. If you are correct about 1/5 of 1/6th and your grandfather owned all the minerals and reserved 100% then you have about 2 acres net minerals

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Permalink Reply by texasj on July 9, 2012 at 6:13

Yes, I did a name search for the buyer and seller, but that warranty deed was from the sale in 1963, and the website says it only goes back to 1983.  That still doesn't explain why we can't find a copy of the oil lease which was dated 1984.  Oh, well.  I haven't called the County Clerk's office yet, but it is the next thing on my list.  Thanks again. 

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Permalink Reply by adubu on July 9, 2012 at 9:06

texasi---on some of searches on the web site go back futher. I know on my family it had some deeds back to 1925 so best bet would be call the County Clerks office and hope you get a nice staff person to help you on phone. Give the clerk the Vol page # of the 1963 deed to pull up and if that is the deed after she looks at it they will mail you copy on payment of service fee-- they may even be able to email it. They will  however want a check for doubt if they will take credit card but ask. It is possible the Lessee never file for record the lease in 1984. If property sold in '63 and your uncle leased in '84 then your family reserved at least some of the minerals I would think.

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