Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Aimee Hess
1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Had a lawyer working on a wrongful termination case for a large oil company I was employed with.

That lawyer was contacted by other lawyers and a class action suit was proposed. My case was then sent to a larger firm and my lawyer has since claimed inability to discuss the case. I don not know where the case was sent and haven't been contacted since March 2021. Is there any way to find... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 23, 2022

You can call the clerk of the Court in which this case is pending.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: The reservation is a 1/16 in deed but it’s but the land was under mineral lease when it was sold

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 8, 2022

You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind.

This is probably not a do-it-yourself project. First, it is...
Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas on
Q: How hard is it to prove you are the rightful owner of mineral estate when someone else has been receiving lease bonuses

The reservation is a 1/16 in deed but it’s because the land was under mineral lease when it was sold lessee held 15/16 interest in minerals. I can prove by one property owned at time and we still own had 1/16 conveyance from estates children to their mother because father died intestate and... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 7, 2022

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... Read more »

1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: My mom has solar panels for abt 8 mon and she was told the panels were to produce what show in the light bill

What can we do, is there a way to cancel or terminate. They are paying double now in light bills. Solar panels aren't producing what she was told it was going to produce. Now the company wants her to add more panels and pay more when my mom was told something completely different. She also... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Sep 2, 2022

This is becoming a common problem with residential solar systems. Many states will allow a consumer to terminate a transaction if fraud was involved.However, no one can give you specific advice on your mother's rights unless they get a detailed fact statement from her and review the contract... Read more »

1 Answer | Asked in Agricultural Law, Energy, Oil and Gas and Land Use & Zoning for Texas on
Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.

We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 13, 2022

In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas.

The Texas Railroad Commission, the state agency which regulates oil...
Read more »

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Below is not true.....Those were wells that were supposed to be paying me....The city came in after we signed ....and

.............took over,,,,,Trucks run 24 7......Somebody getting paid & it aint us....

There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e.,... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Jun 10, 2022

If you are the mineral owner and the well is producing and the royalties are over the oil company's minimum for checks, you may be entitled to royalties. It's not possible to know what your rights and remedies are without a thorough analysis of your situation. Contact an oil and gas... Read more »

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: I signed a Mineral Lease in Tarrant County Texas. How come I never got paid ?

Why are the Natural Gas Wells on city land ? Who is getting those cheeks ?...

Aimee Hess
PREMIUM
Aimee Hess
answered on Jun 10, 2022

There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e., the city.

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: I have mineral rights and I found out a company has been drilling on those right for years and I have never been paid

I have contacted the company that is drilling and they say there is royalties that have accrued but they haven't paid them. This is not the company that the lease was signed with also I have contacted the company that is drilling and they say there is royalties that have accrued but they... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Mar 18, 2022

Even though the initial lease term was 3 years, most leases provide that if there is production that commences within the original lease term, then the term of the lease is automatically extended so long as there is production in paying quantities. You would need to look at the language of your... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... Read more »

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Dec 18, 2021

Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral... Read more »

View More Answers

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 13, 2021

Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In... Read more »

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 5, 2021

First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... Read more »

View More Answers

1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Feb 27, 2021

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... Read more »

2 Answers | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Texas on
Q: Is it legal that a company sell land without telling the buyer that an existing oil and gas lease exist
Aimee Hess
PREMIUM
Aimee Hess
answered on Dec 11, 2020

The answer to this question is maybe. It depends on additional facts that are not included in the question. For example, did the purchase take place in a title company and did the title company provide a title commitment and title policy that listed the oil and gas lease in Schedule B? Did the... Read more »

View More Answers

1 Answer | Asked in Civil Litigation for Texas on
Q: Hello I have a question if someone is available to help...

My aunt is being sued by a company about an account that wasn't hers. I did research and found her brother opened the account and pulled the money from the account because she shares an account with my grandmother. She's a caretaker and might not be able to make the court date. What would... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Nov 8, 2020

If you miss a court date you risk getting court orders or even a judgment entered against you. You really need an attorney to represent you and present your defenses to the court.

2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: Is a person that is leasing land from the owner alowed to press charges on a person or does it have to be the owner

Charge is taking wildlife without owners consent

Aimee Hess
PREMIUM
Aimee Hess
answered on Nov 8, 2020

If you are in legal possession of property under a lease, then you have the right to pursue charges against a trespasser.

View More Answers

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: How do I begin fighting a law suit over mineral rights for which I'm a long lost relative of the owner in TX?

Myself and several relatives who are the long lost heirs of mineral rights to some property in Texas. We are now being sued over that property. I have no idea how to begin going about dealing with this issue.

Aimee Hess
PREMIUM
Aimee Hess
answered on Oct 26, 2020

It is essential that you retain an attorney to represent you. There are some things you can handle yourself, but litigation is definitely not one of them. Justia has a good search engine (Find A Lawyer) that will assist you in finding a civil litigation attorney in or near the county where this... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: My Father was contacted by East Texas land and Cattle out of Texas about a month ago regarding suspense account money..

Suspense account is for unclaimed oil money/mineral rights is in a deceased aunts name, dead since 1988. He said that my Dad and his siblings are heirs and he just sent my dad a consulting agreement that says Dad will pay this company 10% of the gross money recovered. There is a section called... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Aug 7, 2020

You do not give the name of the company, but you are right to be wary of these come-ons. All the companies making these offers that I have run into are scams. You don't need to pay anyone to locate your aunt's mineral interests and get paid. First, go to the Texas Comptroller Website and... Read more »

2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: Someone contacted my Father and his siblings saying that there is a suspense account in the name of a deceased aunt

He said it was regarding royalties to mineral rights on land his grandfather owned with his siblings. Its ringing as a scam to me but there has to be some measure of truth to it im assuming since he seemed to have alot of personal information. How can I verify if this is legitimate? Especially if... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 17, 2020

Yes, these are often scams. Often, the caller will offer to "help" you by purchasing the mineral interests for a fraction of their actual worth. Tell your father to ask the caller for the name of the oil company that has has these suspensed funds and then call the oil company and ask them... Read more »

View More Answers

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: The beginning of May 2020 Van Tx hired a contractor to do was work in our backyard and they had hit a oil pipeline.

and a salt water line and it got in my garden and they are not making that right with me. Than last Friday 05/29/2020 Crossfire pipeline contractor came out to spread dirty and my back yard and they damaged our hard top that goes to our 1994 jeep wragner and they said they are not at fault I have... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Jun 8, 2020

One important thing is to document the damages with photos, which it sounds like you are doing. Next, get written estimates for repairs. Finally, send the city a certified letter with copies of the photos and repair estimates and request reimbursement. You should copy the city council person who... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.