Replies to This Discussion

Permalink Reply by Harryb on January 21, 2009 at 11:47

ogmladvisor - I believe my mineral rights falls into the second situation. It is described in the deed as "one-half of the royalty in and under the above described 520 acres of land, same being a non-participating mineral interest is now owned by..."

After doing some checking, I found a TX law which said "An oil and gas lease executed by the owner of the executive right covers the nonparticipating royalty in said tract for all purposes except pooling." It goes on to say the lease has to be "ratified" by the nonparticipating royalty owner. Can anyone explain why this is necessary only if it is pooled? Do they notify non-participating royalty owners that the land is being pooled and therefore requires action? Will sending an Affidavit of Heirship be enough in this situation?

Thanks for the help.

Harryb

Permalink Reply by ogmladvisor on January 21, 2009 at 14:15

Harry:

That is one screwed up reservation. As mentioned in my previous post, the key phrase "in and under" describes minerals, and not royalty. A true royalty reservation would read "one-half of all royalty saved and produced from the above described lands...". If I were you, I would find a good O&G Attorney that can tell you what you really own. If I were to wager a guess, you don't own a non-participating royalty interest at all, but a mineral interest without executory rights, which will be worth more to you. Just a guess though, I haven't seen the rest of the deed. You can PM me if you want, give me a deed reference, and I can pull the deed and maybe get you a second opinion.

Your second question is simple, if you own an NPRI - you don't participate in leasing, so you don't get to sign a lease. But, you do own royalty, and the only way it can be pooled with other royalty is if you give an O&G company the right to do so. So, you have to ratify the terms that the mineral Lessor agreed to, or sign a document giving rights to pool your royalty. If you don't sign, and you aren't part of a drillsite tract, then you won't be getting paid anything, ever. If you don't sign and you are in a drillsite tract, then your in a little nicer spot. Either way, bonus isn't paid to an NPRI owner.

And yes, of course a prudent operator will notify you, and yes I would think an Affidavit would be enough. Not much more you can do right now anyway, except sit and wait on drilling.

ogmladvisor

Permalink Reply by Eat Beef on January 21, 2009 at 15:57

ogmladvisor,

The above is very interesting, but a little over my head. I have a question for you, and maybe you can help me. My unit, has been surveyed by those used by oil companies, and my land was included in their work, finding all the corners or the unit. In doing so, they uses a corner that was not correct, but there was no other stake to be found. At that time, we pointed out that the corner was incorrect, and that they would have to use the measurements from the next tract of land, connectinig to mine to find the true corner. We then went with the surveyors and showed them the corner of the other 90 acre tract. Which was in another unit, same company. And, they said they would set a stake on that corner, (for us), but could not give us a legal survey. But, they did not do this because it was just easier to use the incorrect corner, and go on from there.
Now, they are back, doing more surveying for another well site, in the same unit, on my land this time. Again, I pointed out that I would like the unit lines corrected, before it gets any worse, and the same surveyors said, they knew it was incorrect, and they would pull there other deed and make the correction for us, but they didn't do it. I ask the company about it, and their answer was "we don't have a dog in the fight" I said, "yes you do. If you will survey the other tract correctly, it will correct my corner without any more problems.
The issue is, that there is about 3 or 4 acres between the two tract, that came off of my tract. I am not being paid for those acres and neither are the other people. We are being held to the old deed acres, with wording like "more or less." I have talked to other surveyors before, and was told that you can not prove up your claim, by using the other mans survey. But, my Great grandfather sold, that tract off this one, and mine is the older deed, which is above the other. What do you think I should do?
There are no fences or people living on the land in questions.

Permalink Reply by Jimmy Nixon on January 23, 2009 at 10:18

An "Affidavit of Heirship" is probably enough to put a company on notice, but certified copies of your family's wills should be obtained from whatever counties they were probated in and placed of record in the county where the property is.

If possible, any affidavits should be from disinterested parties (not related to you) who not only knew the deceased, but were well aquianted with same.

Permalink Reply by Charmine on March 24, 2009 at 7:48

Thank you ogmladvisor! You said, "As for letting the O&G company know of your interest, there probably is no need to actually let them know anything directly. However, based on what you said about not being in Texas and nothing being filed, a nicely worded Affidavit of Heirship filed of record with the Shelby County Clerk should lead them straight to you." This is my case, and I do have an Affidavit signed by me years ago. I have been asking this question for months, as to is there a better way to let them know I am here. Thanks for the reassurance...may the leasing start again!

Permalink Reply by lajeany on January 28, 2009 at 12:23

I believe this to be in the Antiock Community on Plum Creek owned by family members. I am just up the road from the spot they said they were going to drill. How do you find out what the unit is? They wouldn't tell us when the nonparticipating royality papers were being signed by some other family members.

Permalink Reply by charlie brown on January 28, 2009 at 13:22

If you can look up Long. 94.05403/ Lattitude 31.85818 that is where you will find it; to the east of Flat Fork creek.
You can also go to Texas Railroad Commission, (hhtp://webapps.rrc.state.tx.us/DP/drillDownQueryAction.dofromPublicQuery
http://gis2.rrc.state.tx.us/outputsimp_ogmgis240691110454.png) and look up API # 419-31428
Ashabranner, H (survey)
4 (Abstract)
Shelby (county

Permalink Reply by charlie brown on January 29, 2009 at 4:43

Just want to correct last message:
go to :texas railroad commission
go to: Online Research (Queries)
go to: Drilling Permit (Form W-1) Application Query
you will see ANDERSON as the county; scroll down to SHELBY and click it
go to page 80
there it is
good luck.

Permalink Reply by adubu on May 25, 2009 at 9:38

Lajeany---Do you live in area? You say you just up the road. If so can you or have you been by drill site of the Harvey #1H to see if the rig is still on site? If rig is still drilling they must have had a problem since spud date was 3/5 ~ 80 days ago. Should not take this long to drill a 6-7000' H leg at TVD of 11,200' This would be helpful info. The rig is moved off before completion is done. Please reply.

Permalink Reply by Rodney Anderson on August 7, 2009 at 12:37

Anyone hear anything about the CHK Carzenava #1H well that was just drilled 3.8 miles northwest of Center, just east of hwy 96?

Permalink Reply by Charmine on August 10, 2009 at 4:49

Hi Rodney- Thanks for the heads up. I just checked the TRRC website http://www.rrc.state.tx.us/data/online/gis/index.php, and it is on there- drilled and producing. If I am reading right, it isn't producing much. I don't know if there is just not much there, or if it is just not pumping right...maybe someone else can follow up with a better answer? It is listed as a Haynesville well. The API # is 41931340. The operator is Burk Royalty Company. This well is of particular interest to me, as this survey is located right next to mine, and I am still not leased. I am in John Forsythe, where are you located? I also just noticed that CHK has another well right permitted, in Carzenava, almost on the border of Forsythe survey. No activity, just permitted. What do you know? Keep in touch!

• ‹ Previous
• 1
• 2
• Next ›
• Page