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Permalink Reply by adubu on April 21, 2011 at 15:15

Sherry--- the mineral owner is only person that has title to the minerals not the surface landowner if the minerals has previous be separated from the surface. The mineral owner would need to file claim with operator and would have to get his money back from the land owner paid for royalty greater than 2 years back. The landman who wrote the lease and then who ever ran the Title opinion screwed up.  Suggest you post this question under Ben Elmore Group Know Your Rigyts Texas  Mineral owners for he can give you detail legal information to you question. Answer could be variable to location of property and what state it's in with some state definding minerals differently and how the warrent deed is written about mineral reservation

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Permalink Reply by BirdDawg, plain ole' idiot on April 21, 2011 at 15:17

Sherry,

You have made multiple posts that all appear to be related to the same issue. Please consolidate into one post and give specifics, such as section, township and range. No one can help you if they do not know where you are talking about.

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Permalink Reply by adubu on April 21, 2011 at 15:26

Sherry--- after review of what BirdDawg recommended IMO you should go see an attorney and let them help you and your heirs for you are confusing all and yourself from all your posts about this issue. A lot of the good faith members have attempted to help by answering you questions but you keep running into same wall.

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Permalink Reply by Sherry Mobley on April 21, 2011 at 15:31

T B Choate Survey A111 Huskies D U Well #1 H,     Linsey C Survey, Glen Heintshel Well !H and Well 2H  Shelbyville,  124 acres pooled, do you want the legal description also?  

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Permalink Reply by adubu on April 21, 2011 at 15:40

Sherry--- I'm sorry what are you asking?????

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Permalink Reply by Sherry Mobley on April 21, 2011 at 15:48

My main question with all of this is who has the authority legally to lease out acreage and allow drilling    the landowner or the mineral rights owners?????? That is all I really wanted to know. Can a oil and gas company do that without a clear title?   The landowner and mineral owners are separate. Sorry  for all the confusion. Each site has asked me for the section, tract, etc. I am simply asking opinions and any info. I know an attorney is an option for everyone.

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Permalink Reply by dbob on April 21, 2011 at 15:56

Sherry,

 

A landowner is free to lease his surface to an oil and gas company for a site, but the mineral owners have the right to lease their minerals.  The surface owner isn't in most cases giving permission or a right to the company to drill, but simply coming to terms over damages.  In the event subsurface minerals are leased, the company who holds the lease has a right to reasonable access on the surface to develop the lease.  

 

Also, a few times, you've mentioned I think 124 acres - that is certainly enough of a mineral holding to make it well worth your time and money to consult a lawyer skilled in mineral law and potentially a landman working on your behalf to research what has happened in terms of mineral leasing on the property.  

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Permalink Reply by BirdDawg, plain ole' idiot on April 21, 2011 at 16:27

dbob and adubu,

Good advice.

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Permalink Reply by Sherry Mobley on April 21, 2011 at 16:36

Well there is about 90 heirs in all this. Some want legal advise, some do not. Possibly this was all done legally?????? We are just wondering why they waited to find the mineral owners and what took so long. Thanks for your input. We would not know if we dont ask. The 90 heirs have mineral rights and no one knows the owner of land. We just were not dealt fair cards. Land man approached us to buy small bits of 12 acres. This 12 acres is part of 124. But 12 has a horiz well producing and selling. Petr landman is trying to clear title. But we wondered why we were approached for surface when actually we own the mineral. Maybe innocent mistake. Maybe not. We know ther is monies put aside for all of us. We just wanted a general rule of thumb.

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Permalink Reply by Max on April 22, 2011 at 12:04

You got to be careful when you've got kin-folks involved.  Maybe the reason some of them don't want legal advise is because they already got it and the last thing they want is for you to find out whats going on.

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Permalink Reply by adubu on April 21, 2011 at 16:07

Simply answer the Mineral owner --operator must sign agreed lease for operator to drill. The mineral owner controls the Mineral until sign with Lessee then Lessee controls. The operator may drill without 100% lease in unit. Those that do not sign are then Unleased Mineral Owners then rules apply depending on what State, etc. Read on this site Unleased Mineral owners Group. The Land(surface)owner only controls surface and will sign ROW agreements for road, pad drill sites, pipelines, etc and receive damage payments. The landowner can not stop Lessee of minerals from entering onto the land to drill the minerals. The operator can drill without clear title but if it's on a large % of acres in unit he would be a fool.  A complete title opinion is run before Divsion orders are written to make sure the correct person is paid the royalty. If nonowner receive the money and later the true mineral owners prove title then major costly problem for operator. Hope this help you. If you have complex heirship and title problem you will more than likely have no choice but see a lawyers. IM Not a lawyer-- this advise maybe worth only what it cost you---NOTHING but come from some knowledge

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Permalink Reply by Sherry Mobley on April 21, 2011 at 16:23

Thank you They are trying to clear title. And we have contacted operator. Just wanted to know if they could go in and drill horizontal well on our part without our knowing it. Thanks Two wells have been going several years. they just looked us up. We never knew anything or signed anything. They did not need to find us until now we guess.

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