Replies to This Discussion

Permalink Reply by cicero on December 20, 2008 at 12:55

Thanks ogmladvisor for your comments. I had, of course, hoped that the minor owners might have a claim to the amount of the lease bonus that pertains to our ownership (apprx 90 ac) but I understand your explanation that the lease was between the landowner and the leasing company (Chesapeake) and does not involve anyone else. We were not contacted by the leasing company and my attempts to contact them have been unsuccessful.

Would you suggest that we wait until there are plans for drilling and expect a complete title search to be done, proving our claim or should we employ someone to research the records now and present the results to the leasing company? We do appreciate your thoughts about this situation.

Permalink Reply by intrepid on December 20, 2008 at 9:17

What company leased this tract?

Permalink Reply by Eat Beef on December 20, 2008 at 13:13

Does the land owner have any of the minerals? 90 acres, should have 90 minerals acres. Divided by the different owners of the minerals. I don't think companies lease the surface of the property without leasing the minerals. I do know that they lease the landowners minerals first, before looking for other minerals owners. Sometime they don't even start looking until they are pushed by the drilling of a well.

Permalink Reply by cicero on December 20, 2008 at 14:43

The landowner owns approximately 70% of the minerals and the remaining 30% is owned by several family members. Your comment that the landowners minerals are leased first and that the leasing of the other mineral owners is not important until a well is drilled may explain what has happened. Thanks

Permalink Reply by intrepid on December 20, 2008 at 17:25

If the landowner/mineral owner has the 'executive rights' to the minerals he can be the one to negotitate the lease and receive the bonus. The other mineral owners who would own 'production rights' would not share in the bonus but would share in the royalty negotitated by the 'executive rights' owner. Look in your deeds and see if there is any mention of 'production rights'.

Permalink Reply by intrepid on December 21, 2008 at 16:22

Who would be responsible for tracking down the non-executive owners and giving them their share; the executive owner or the O&G company?

Permalink Reply by Creek on January 13, 2009 at 12:10

I'm not sure what information you used to form this opinion but:
My lease (as land owner) specifies the total acreage of my holdings and states they are leasing "my" mineral rights and does not specify any acreage or percentage of ac. The check I received could be $ 1.00 for a thousand acres or $ 1,000.00 for one acre.
I don't see any oportunity for someone to "share" in what I received. Other companies may produce a different style of contract.

JT

Permalink Reply by Charmine on January 15, 2009 at 14:48

OK, I just looked at my deed again, as this has brought back one of my original concerns that I haven't been able to get a definate answer on still. There is no mentions of "production rights" nor executive rights. The only thing new I got out of it was that it looks like there is 10 acres which are reserved out of 83.53 acres, of which my family owns 50% of the minerals. Why would 10 acres be reserved?. The land owner has the other 50%. Anyway, the original question is this. Is there any way of getting my name on the mineral rights so I am easier to find. It is on the deed that the 50% mineral rights not conveyed go to successors and assigns. My signature is still on the Application for Letters of Independent Administration file as a heir. But it sounds like CHK landman had to do a lot of work to find me, or at least the rest of the successors. Is this deed and estate papers as good aas it gets, or can my name be on the mineral rights in a more direct fashion as I do own them? How do they know to find me if they can lease all around? I kinda tossed this one into several posts in this post, as several concerns/answers seemed to apply!

Permalink Reply by Adam on January 18, 2009 at 4:01

Have the estate/will filed in the normal deed books along with an affidavit of heirship that contains everyones addresses.

That should do the trick

Permalink Reply by Betty Jacks on December 22, 2008 at 15:04

My sisters and I own mineral rights with other mineral right owners... We were told that there was too many wells being put in around our land not for us to be included... we have not heard anything about us getting a royalty check...our mineral rights are on FM 711 in Shelby County...
maybe someone else is getting our check...
How would we find this out? the company we leased our mineral rights to does not do drilling?
help?

Permalink Reply by Harryb on January 18, 2009 at 6:09

Here is a different twist on the mineral rights/lease agreement question. What happens if you have non-participating mineral rights? I know I am not entitled to any of the bonus payment, but I am entitled to royalty payments at whatever the lease amount stipulates. How do I make sure that the company that leased the mineral rights knows about us? Due to a convoluted legal agreement many years ago (1930's) by my ancestors, I own 1/4 non-participating mineral rights in area "B" and the person with participating mineral rights in area "B" has 1/4 non-participating rights in my area "A." I own participating mineral rights in area "A." Never knew this until I was approached by someone wanting to purchase my non-participating mineral rights. Nothing is stipulated in my lease of area "A" about the person(s) with non-participating rights.

I don't live in TX and I don't think anything was filed in TX when I inherited the property in the 1990's. How do I proceed?