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Permalink Reply by VSC DeSoto South on November 18, 2011 at 14:59

Thank you so much for your thorough answer. It truly answered the question. I am still not sure what I will do next, I am one of other undivided interests in 40 acres of which none of us know who or where or how many others there are, but I have a clear idea of what is going on now, at least, and I appreciate the time you took to write it. You should post it in a reference section on GHS somewhere because it is invaluable insight and facts.

 

Thank you again.

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Permalink Reply by DrWAVeSport Cd1 on November 18, 2011 at 9:43

VSC DeSoto South,

To opine in on what Skip Peel said, I agree, that the DO process is done with much due diligence.  If one does not receive a DO, or even if one does, it does not hurt to send a certified signed-receipt letter to the Well operator and put them on notice that a claim is being made.  It gets all things time and date stamped for collection of payments if any are owed to the "possible" mineral owner.   It is the mineral owner's responsibility, not the Well operator to make claims or prove claims that may be in dispute/unresolved.  Waiting on the Well payor without making a written, certified mail demand/notice is not prudent. IMO

And, paying out of pocket for the title research is a good due diligence effort on the part of the possible UMO/royalty owner to have performed, IMO, if what's at stake, for years down the road  is worth years of mineral moneys/royalties.  There really isn't a good reason for anyone to take a wait and see approach.   Written notice is manditory for collection.

DrWAVeSport Cd1     

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Permalink Reply by VSC DeSoto South on November 18, 2011 at 15:12

That's good to know. I think I have done that, put them on notice that I am an heir. I contacted the operator, sent them the information I had gathered, and they agreed to send me a qtrly report of the well production along with a 'certified mail' cover letter that states I have contacted them, that I claim I am an heir of named acreage and that the qtrly letter does not confirm ownership only that I have given them notice and they reserve the right to confirm onwership. I guess I am covered or at least on the radar of the well operator/O&G company when they start delving into the owners of the property?

 

 I think I will call the analyst who sends me the letters and ask her where they are with this. It has been about 9 months since I spoke with them and the well has been producing for 11 months.

I have confirmed the property and I believe the minerals are still owned by 'the heirs of'.

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Permalink Reply by Skip Peel - Mineral Consultant on November 18, 2011 at 15:21

If you have copies of the conveyance instruments establishing ownership, send them copies.  If you don't or the documents were not filed in the public record, take some preemptive action.  You can do your own search of the public record and see if there are any missing conveyances in the chain of title.  You can see if the information in filed documents is correct.  You may be able to record any conveyance instruments that have not previously been entered into the public record.

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