Ben, I have posted several discussions on different GHS sites. And so have other heirs involved. we have received a lot of great advice and info and ideas. We know we have options.. such as oil and gas lawyers. But we are just trying to find out general info. Everyone has opinions. We are not in the oil and gas business. We live a long way from the well sights and without curiosity we would not even know they were there. We simply want to know Texas Law a little. Like what I posted earlier. If a landowner leases out acreage and it has 3 wells on it and he finds out he does not own the mineral rights. Who is at fault legally. The first landman sent us warranty deeds offering to buy our small sections of land to fill the acreage needed. When after a lot of research, time and energy we , are the sole mineral owners. The landowners lawyer told us that, and so did the gas company. So now the gas company has his petro landman finding all the heirs so they can attempt to get a clear title. How does this happen. Possibly a simple error on the gas companys part. Or a mistake by the landowner. How can land be leased out without a clear title from the beginning? Does this happen often.? What would be the appropriate thing for the mineral right heirs to do. Lawyers are great but preferably not an option. Is there such a thing as simply trying to talk to the gas company? Not there landman. If there were any monies paid out previously would the mineral owners not be entitled to some of that. There are monies in a receivable account because we have been told the rec attorneys name. But the money is not the issue here. It is the question of how to find out what went wrong. Just simple knowledge would tell someone to read a deed, right. I am sure this was missed accidentally. But maybe someone else out there is having the same problems we are. I have received a great bit of knowledge just from reading all the forums. And I am sure I will learn more. True we sound like broked records, but we hope someone will be able to lead us in the right direction without having to lose all the expensive costs of legal assitance.

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Replies to This Discussion

The company is typically protected from liability for incorrect royalty payments, either through the warranty of title in the lease or Division Order signed by the lessor.  Your main recourse is against the landowner/lessor who received your royalties.  Sometimes you can get the company to help you with that.  Sure you can contact the company and see if they will assist.  I would contact their land department via phone or letter.  Ultimately you might have no choice but to get a lawyer. 

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