Replies to This Discussion

Permalink Reply by John Brewster on June 30, 2012 at 4:50

Sorry Shirley, a letter to the TRRC will have no effect. At best the response will be: "we don't get involved" and maybe cite the interest statute. As for blaming the delay on poor records at the courthouse, a good O&G lawyer might send a certified letter to XTO putting them on notice that blaming poor records is not an acceptable justification and you will expect statutory interest.

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Permalink Reply by adubu on June 30, 2012 at 5:05

Robert---- go to Shelby county web site---http://cc.co.shelby.tx.us/ --- the click I accept then on left side click under heading OPR--- party list--- this will open search for all realestate index  including mineral deeds, realestate land transfers, oil/gas leases etc for past ~ 30years some as far back as 90 years which I found on my parents deeds are record on this site-- a great help to me  -- you can down load deeds and print for $1 per page--- see if you can find your uncles name and other heirs including yourself of any deeds or what ever in your and family names--- you may find what you need here

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Permalink Reply by Robert Bell Jr on June 30, 2012 at 13:12

Ok thanks I am also checking on what needs to be included in a demand letter for Division Orders to the company.

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Permalink Reply by John Brewster on July 1, 2012 at 3:13

Robert, your letter isn't to insist on a Division Order. You need to insist that payments begin ASAP and assert that XTO will be responsible to pay you statutory interest. They ran title when you were leased. They ran title on the drillsite. Now they are preparing a Drillsite Title Opinion. They can't send out Division Orders until the D.T.O. Is finished. What is important is, they can decline to pay interest on late payment if there were title issues that caused the delay. Blaming poor records in the county courthouse is not an excuse for declining to pay interest. You might want to Google "Texas late royalty payments" and read the statute.

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Permalink Reply by Robert Bell Jr on July 1, 2012 at 6:06

thanks for the good information

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Permalink Reply by GoshDarn on June 30, 2012 at 7:07

Mr. Brewster:

It's always good to read sharp advice on GHS.  Between you and Elmore, the members are truly benefiting.

Nothing like a real pro to truly get to the crust of the matter, so to speak. 

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Permalink Reply by John Brewster on July 1, 2012 at 3:17

Thanks. I can only check Go Haynesville occasionally, but try to help people whenI can. This site is blessed to have many knowledgeable followers that provide sound guidance every day.

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Permalink Reply by Bill R on July 1, 2012 at 5:32

John - Yes, so very sound advice and guidance from many on this site. A hint about a good Texas based attorney led to our family finally getting our payments and at the correct percentage. Cannot disclose which company tried to shaft us, but the first payment after 14 months of production was without accrued interest and was at 15% instead of the 25% in the lease agreement. Thanks to both advice and the attorney we finally received both! Only thing no one could do is break the 'non-disclosure' agreement that they included in the lease as an addendum.

Thanks goes out to all on this site!

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Permalink Reply by adubu on July 1, 2012 at 6:32

john-- if I had to guess sounds like CHK-- on the disclosure agreement are not most of those dealing with terms of lease sure as % royalty, bonus, etc. so they don't have to give same to everyone in unit.?All about Money. Probaly covers only lease terms. Doubt it covers things sure as major errors on DO in way of attempt to screw you on decimal interest--- and if you did disclosure who the operator was what is the penalty??? and how could it if anything be enforced???  Maybe John Brewster kindly would give us some light on the subject of what the non disclosure clause covers and what if any penalty to Lessor if not followed. GD you usually have info comment?

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Permalink Reply by GoshDarn on July 1, 2012 at 8:02

adubu:

Well, I really don't have much to add, yet since you specifically asked me the question, I'll reluctantly weigh in.

First, as context --your own honesty and intent to truly help the other members, adubu, has always been greatly beneficial, IMHO.  Indeed, it's quite obvious that you are truly doing a superior effort of managing your own mineral estate (per a perusal of your posts over the years) -- and that you are obviously on the side of the landowners (and really know a great deal about TX mineral law, EF drilling, lease contracts, TX RRC, etc., etc.)

So, kudos for a job well done.  I know I've learned a number of facts and insights via your posts (over the many months) that I wasn't aware of, and I greatly appreciate you taking your personal time, without any financial reward whatsoever (as far as I know), except the reward of doing a good deed by helping your community of landowners.

Now, when it comes to specific advice on "confidentiality agreements" -- and/or such legal issues, I would always advise anyone to err on the side of safety and thus to stick to the law of whatever agreement was signed.  Honesty and integrity of intent is golden these days -- and quite sadly missing way too much in our complex lives.

So -- I sense your desire for honest intent, adubu . . . and I know that you're actually not advocating anyone break such an agreement, in that you are only attempting to define the particulars of the precise legal issues covered by such an agreement (as best as you understand such issues).

Now, in all honesty, I'm not up to speed on such, per se, so I can't give much of an opinion.  Yet I do know the fine print on some confid. agreements does release the gag as to certain folks (e.g., close family members, in some cases) -- but each agreement could be written quite differently by whatever legal team.

Again, I always tell folks to adhere to the law (as I'm sure you do, too, and always will do).

Lastly, I'd defer to the sharp/goodhearted legal minds on here who have repeatedly proven their honesty of intent to help the La. and TX landowners.

Such legal minds are going the extra mile, and they truly are wonderful people to share their expertise (and their valuable time) to help those who are in need of help.

I'm sure Sam Houston (one of my more famous relatives from way back) would be pleased to know that such goodhearted concern by true Texans is still alive & well in Tejas.

Take care, adubu.

GD.

 

 

Permalink Reply by John Brewster on July 2, 2012 at 2:06

I have never signed a lease with a non-disclosure provision, but my understanding is they are used in competitive leasing situations, as you suggest. I would think most simply restrict disclosure of the basic lease terms such as: bonus, term, and royalty %. IMO you cannot be prohibited from telling anyone that you signed a lease, however. For those of you who may be considering lease offers in the future, I would resist insertion of that clause. I suspect they will leade you anyway. Finally, as adubu and goshdarn say (and Skip Peal would echo) if you did agree to a "too broad" non-disclosure clause, honor it unless you are advised by legal counsel on its appropriate interpretation.

Permalink Reply by John Brewster on June 30, 2012 at 5:02

There must be a misunderstanding. U would need to post what the bills are for. Perhaps you inadvertently elected a working interest?

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