Replies to This Discussion

Permalink Reply by Skip Peel - Mineral Consultant on July 2, 2013 at 8:37

As with almost everything related to O&G, it depends on the specifics.  In LA every well and unit has a recorded plat.  Excepting units with a considerable number of very small tracts, such as residential lots, the plat includes the tracts constituting the unit and the owner of each at the time the document was approved and placed on file or in the database by the state.  Obviously that was a snap shot in time and does not reflect any later conveyances.

If you know the name of the well, the location by section-township-range and/or the serial number, post it.

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Permalink Reply by smith1 on July 2, 2013 at 8:41

Does this help?

Well #ELM GROVE PLT 30H1  STATE LA

 

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Permalink Reply by Skip Peel - Mineral Consultant on July 2, 2013 at 8:48

A little.  Do you know approximately when it would have been drilled?

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Permalink Reply by Skip Peel - Mineral Consultant on July 2, 2013 at 9:00

The operator of the well would help also.

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Permalink Reply by smith1 on July 2, 2013 at 10:29

Skip, Petrohawk, Serial #242358

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Permalink Reply by Skip Peel - Mineral Consultant on July 2, 2013 at 10:33

That's more like it.  I'll get back to you.

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Permalink Reply by Skip Peel - Mineral Consultant on July 2, 2013 at 11:01

Use this link, go to the last page which is the plat.  Zoom in and read the names of the tract owners.  There are some very small interests that are not listed on the plat.  You can also go to the District 6 office on Fairfield Ave. in Shreveport and make a copy of the paper record on file there.  That record will include the Interested Party list that will have all the names and their addresses that were considered current at that time.

http://ucmwww.dnr.state.la.us/ucmsearch/UCMRedir.aspx?url=http%3a%2...

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Permalink Reply by Bill R on July 2, 2013 at 8:53

I was told that they cannot disclose the owner of wells, however by doing a little research on my own and with a tremendous amount of aid from some of the 'smarter' people on this site, I have been able to uncover the majority of owners involved. Then I take that information to the County offices and uncover the land holdings or mineral that that person owns.

However, I still cannot always figure out the percentage of the well to match what some of the leasing companies say it is. Several times I have been 'dead on' with the figures... other times the Leasee says my share is far under my calculations. And more often than not, the amount it is off is because other family receive more or less than on other wells even while using the same calculation figures. We did have one that was WAY off on the part of the Leasee (Drilling/well operator) where on a 640 acre plat that our family held the majority of, yet the Leasee was only giving us a small percentage (0.00025) for our Royalty share. After hammering them multiple times, they said they found an 'error' in their books and adjusted to the correct percentage stating they had reversed who owned what. The correction actual amount was far more (0.025) and immediately cut us checks to correct. I always was left wondering if they really made an error or if they just hoped we wouldn't catch on.

If you do find out a quicker way, please bring me on board because the way I did it took almost four months and hours of work.

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Permalink Reply by Dion Warr, CPL on July 3, 2013 at 10:45

Darnetta:

1)  Is the property under lease, or is it unleased?

2)  Have you filed successions on the property that would create a continuous chain of ownership from the original family purchasers (great-grandparents or great-great-grandparents) down through all children, grandchildren, nieces, nephews, cousins, etc.?

 

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Permalink Reply by Dion Warr, CPL on July 9, 2013 at 3:31

Darnetta:

A succession (called probate in other states) is a legal proceeding which transfers ownership of the property of one who has passed away (the Decedent) to that person's legal heirs. A properly structured executed last will and testament of proper form will direct the court as to the last wishes of the Decedent, and in most cases in most states can almost entirely settle the matter; however, being that the State of Louisiana retained its rather complex forced heirship laws until they were substantially reformed effective 1997, many third parties (including oil and gas companies) choose not to rely on title not substantiated by succession proceedings.

That being said, had the company (or its agents) obtained leases from various family members on this property, it would have been in their interest to prove up title in the leases, and they very well may have sent abstractors and/or landmen to delve into the records, conduct interviews, and distributed Affidavits of Death and Heirship to remaining family members or other third parties having knowledge of your family in order to establish a chain of ownership, vetted by a title attorney who can advise as to title clearance, curing of defects in the title, as well as business risk.

One thing to remember is that with respect to real estate and minerals (immovable property), the law that applies is the law of the state in which the property is situated, not the state of residence of the person that owns the interest. Thus, with respect to Louisiana property, even in cases where a resident of another state who owns interest in immovable property located in Louisiana has left a will that is valid in another state, that person's probate may (arguably, must) require legal examination in a Louisiana court, known as an ancillary succession, which will examined the death and heirship of Decedent as well any other documentation (including the will) in light of Louisiana law at the time of Decedent's passing.

With the property being unleased, if the title is clouded due to lack of information and/or clear chain of title, the operator is usually inclined to suspense this interest until the owner(s) provide sufficient legal documentation to prove up its interest. If the well has reached payout, there will be revenues attributed to this property that the owner(s) can receive. If the well has not reached payout, that revenue is being applied to owner's / owners' share(s) of interest in the unit.

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Permalink Reply by 1kw6x71km1v37 on July 9, 2013 at 5:37

If the well has not reached payout, that revenue could be paying for inflated well costs. Until you get a sworn statement of costs from the company, you won't know the true cost of drilling and establishing production. Then there is the matter of operating costs

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Permalink Reply by Dion Warr, CPL on July 9, 2013 at 5:58

Cheap shot:

True, but if the company does not possess sufficient evidence that one is an owner (merely saying so without the backing of record title is not enough), the company is not going to release that information either.  Statutes provide for that data to be provided to an owner upon notice given by certified or registered letter, not just anyone.  If this is the case with Darnetta, sending a request or demand at this stage will just result in a letter back saying (rough paraphrasing) "we don't show you as an owner, upon supplying proof through documentation that you are an owner, we'll be more than happy to send you the requested information".  Only after receiving the statement can one begin to evaluate as to whether costs are justified, inflated, conflated or otherwise.

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