Replies to This Discussion

Permalink Reply by adubu on June 25, 2012 at 6:34

HBP--- good info. Glad I am in Texas since Minerals from parents and grandparents I inherited are separate property from land surface forever a part of my estate  unless sold. I believe in Texas if you find error in DO and can prove to cure title they will only be responsible for 3 years back royalty only also similar to La.

Permalink Reply by Andrew on June 26, 2012 at 6:04

HBP beat me to the punch here. A good discussion of the 3-year liberative prescription for underpayment of royalties can be found here: http://www.gohaynesvilleshale.com/forum/topics/3-year-liberative-pr...

Permalink Reply by kittycatmama on June 25, 2012 at 3:50

I really have not checked into the time frame in LA. I didn't know there was one until my friends sent the documentation to their operator to get back income and found out you can only get paid on certain no. of yrs. back. Since it didn't affect me, I didn't research it. Figured I had done enough for them just showing them they had 50% minerals. LOL

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Permalink Reply by Henry on June 25, 2012 at 0:17

I give KCM a lot fo credit for trying to do this herself, and succeeding.  A lot of  people have a kneejerk reaction that you must immediately have a lawyer go after the oil & gas companies in order to get what they are owed.  Sometimes, all it takes is for the landowner to make the case, with a well-written, clear explanation.  Lawyers are very expensive -- there is a time and place for their services. But sometimes it pays to do it yourself.  Good job, KCM!

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Permalink Reply by adubu on June 25, 2012 at 6:45

Henry--- I agree always best to attempt to correct error youself first and agree most operator's royalty department will cooperate and help to cure the title with information you have or they will tell you what you need to find and apply for them to review. However some people do not know how to run title or look thing up in court house so as several suggestions of using others to help either Landman or attorney. Agree attorney most expensive route but may be required if problem and possible litigation necessary to solve.

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Permalink Reply by kittycatmama on June 25, 2012 at 13:03

Thanks Henry. I am a "Bulldog." If I think something isn't right, I keep at it until I understand it and if I am wrong, I will be first to admit it. BUT if I am right, I will never get up. On my recent servitude issue, it took me 3 yrs., but I have 1/2 minerals and back pay. The BIG issue here is try to work with the O&G companies. This is business and I do not get emotional with business dealings. I have worked with all of the big companies and have NEVER had a bad experience. I get an email address and that is how I correspond. I keep all of my correspondence in an online filing cabinet so I always have a reference. I even did 100% on well with Chesapeake. Sent in all docs by certified mail and it went great too. Get a good ck every month from them.

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Permalink Reply by Ken Boone on June 25, 2012 at 14:29

I've been contacting companies too. And so far I've received 3 well reports for un-leased minerals. And I only had to send one demand letter for each.

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Permalink Reply by adubu on June 25, 2012 at 15:14

Ken--where your minerals overlooked and not leased? Or did you just not lease and  desire to be ULMO?

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Permalink Reply by Ken Boone on June 26, 2012 at 11:49

I was overlooked and not leased.

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Permalink Reply by adubu on June 26, 2012 at 15:37

Ken-- are your minerals define by land surface that you own 100% or minerals shared with other Heirs or owners and you own a % of minerals therefore your minerals are undivided % interest. If well Horizontal and your minerals unleased did the operator simple leave your minerals unpreforated since unleased? They can not leave your minerals unpref if minerals undivided. Some operator will not drill if a large % of minerals are undivided and unleased. If minimal they will drill and just escrow the money and then when you ID yourself just force lease you at the avg royalty of unit.  I guess you are a ULMO  (Read several post on this site about ULMO {UnLeased Mineral Owner}. You may have power play and get a great lease since they over looked you if it a great well. How many net mineral acres do you have? Does operator desire to work something out with you? Other members with more legal, personal  knowledge, and what to do  about overlook ULMO maybe able to assistant you with some advise better than I for eveything I said may not be 100% correct but will give you some thoughts and other members can jump in the discussion for knowledge. I hope the operator will work something out for you once you prove Title of ownership of minerals in question--- Good luck

Permalink Reply by Ken Boone on June 29, 2012 at 7:17

Are title opinions needed when a succession is done?

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Permalink Reply by Andrew on June 29, 2012 at 8:21

Not in the case of a normal succession. A preliminary abstract to get the property descriptions of the real estate owned by the decedent is all that should be necessary. If the decedent's estate has complicated ownership issues the administrator of the estate may order one in rare cases but often a title insurance company will do this for far less if the heirs get insurance.

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