landowner

Questions involving additional mineral rights after lease is signed

I signed a lease in july for my 100 acres. When gas co ran title they found I only owned 50 acres of minerals( Farm was larger at one time, then broken up into smaller farms then back up to bigger farm) When I bought my farm it was  surveyed out of larger farm that was made up of three different parcels. Only one of the parcels had mineral rights that transferred to me.  I was paid bonus money on 50 acres. The mineral rights in other 50 acres were reserved years ago and I was able to acquire then from heirs. Am I held by old lease on additional 50 acres acquired and if so am I do bonus money? Or can I sign new lease and terms on the additional 50 acres. thanks

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landownerPermalink Reply by adubu on March 24, 2011 at 15:04
If you acquire the addition 50 acres in your name after you sign the original lease and they are in the same legal descripted tract they are part of the original lease. The operator may are may not pay you any addition bonus but I sure would ask for it. If you had acquire the minerals in different named person in the family or in a family trust then the minerals would have been unleased assuming they where not already leased when acquired.

landownerPermalink Reply by adubu on March 28, 2011 at 15:52
Phil d--- add to my 1st reply -----when did you acquire the addition 50 acres? If after you sign lease then as I said they are now part of your lease and you will need to notify the Lessee and provide a copy of the mineral deed that transferred the mineral ownership to you so title is cured when DO are prepared and your decimal interest is correct for royalty payment.  I would also file the deed of mineral transfer for record in county clerks record office. If the minerals are in a different legal tract than the other 50 acres unrelated and unleased then they are avaialable for lease with lease terms of lease you can negotiate. If the addition 50 acres are undivided minerals in same tract as 50a. you leased then they are part of orginal lease.

landownerPermalink Reply by Mac Davis on March 29, 2011 at 5:12

You'll probably need a good oil and gas attorney on this.

 

I've heard that one of the common scam terms in leases is something that gives the leasing company a lease on property you acquire that's adjacent to the track you've leased.  Or to other new property you acquire under certain circumstances. 


landownerPermalink Reply by adubu on March 29, 2011 at 5:24
phil-- if you need attorney--recommend consult with Ben Elmore who has donated lots of time to this site--- check his group on this site "Know your rights- Texas minerals rights"

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