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Questions Answered by Aimee Hess
1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: How do you transfer mineral rights to children when parent passes without will.

Father owned 40 acres and sold it but kept the mineral rights and had been getting a small check each month. When he passed, daughter moved the check to her mom (dementia), brother and herself, three way split. Now mom passed and check is going to daughter and step son but the tax office still has... View More

Aimee Hess
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Aimee Hess
answered on May 20, 2024

It depends on the state. In Texas, you can use an affidavit of heirship in this situation.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: Real Estate transaction buyer wants assurances from seller on mineral conveyance that the seller will consult with buyer

should they lease and then drill on the land he is buying. A simple agreement document will do. Understandably if the buyer is building on the acreage he doesn't want his right to a peaceful lifestyle disturbed nor his investment building a new home.

Aimee Hess
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Aimee Hess
answered on Nov 17, 2023

You will need have an attorney draft a deed that prohibits or limits surface access by the mineral owner. If it's not in the deed from the seller to you it does not count (i.e., a simple side agreement won't work).

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: if I have to file a legal action against Rockcliff Energy management how would I proceed?
Aimee Hess
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Aimee Hess
answered on Nov 2, 2023

If you are thinking of filing suit, find an oil and gas attorney to represent you. The rules of procedure and evidence are complex, and you can hurt your case irreparably without realizing it. Judges don't cut you any slack if you represent yourself: you will be expected to know the rules of... View More

1 Answer | Asked in Consumer Law, Business Law, Elder Law and Energy, Oil and Gas for Texas on
Q: I have an elderly neighbor who was overcharged for solar panels. Can he sue for any recovery of the diffetence to ave?

He also was not properly advised how to get savings and his bill went up from what it was. Plus he was not advised to change insurance coverage and was denied assistance when damaged diring warranty period.

Aimee Hess
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Aimee Hess
answered on Oct 13, 2023

A consumer law or energy attorney will need to review his contract and loan documents in order to determine what his rights are.

2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: I signed solar panel purchase and installation agreement that has a couple issues and want to see if it's still binding

The first issue is that the agreement does not include my full first name, Stephen. The agreement has Steve as my first name. I assume this does not matter and the agreement is still valid, but could you please confirm? The 2nd issue is the "Design Services" Article states: American... View More

Aimee Hess
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Aimee Hess
answered on Mar 14, 2023

Whether these issues will invalidate the contract depends on the language in the rest of the contract and how the law of the state where you live applies.

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1 Answer | Asked in Business Law, Energy, Oil and Gas and Contracts for Texas on
Q: Can I sue based on Liberty's actions: I had a gas lease agreement to which liberty Utilities fails to provide any notice

Liberty Utilities fails to provide any notices within a 24 hour time of notice when they appear to vacate property without any such work. This company has continued to breach our agreement concerning no kind of notices within a 24 hour period before coming on the property. They refused to make... View More

Aimee Hess
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Aimee Hess
answered on Mar 8, 2023

I assume that since you reference a utility company that the agreement you have with them is an easement. It's unusual for a utility easement to require advance notice to the land owner to come on vacant land to do work, and especially if the utility believes the work may be needed for a... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: What if an oil company slant drilled on your property from another property 60 years ago in Oklahoma. Is it actionable
Aimee Hess
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Aimee Hess
answered on Feb 26, 2023

All states have statutes of limitations that prohibit bringing a claim after a certain number of years. You should contact an Oklahoma oil and gas attorney to determine what statute of limitations applies in your case. The answer will probably depend on a number of factors, such as: 1) when you... View More

1 Answer | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties..

I am entering into a oil and gas lease with a company CNX and myself and 6 other heirs are being 15 percent royalties whay other things do i need to ask.. the well has apprently been operating with out notfiying heirs and is just now trying to remedy it?

Aimee Hess
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Aimee Hess
answered on Feb 17, 2023

You should always have an oil and gas attorney review a lease before you sign it. The lease the landman offers you is almost always in favor of the oil company and unfair to the mineral owner.

Whether the company owes you past royalties or not depends on whether your mineral interest shows...
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1 Answer | Asked in Construction Law and Energy, Oil and Gas for Texas on
Q: Can I get out of the financing contract?

I signed up to have solar installed on my home. The installer came out and put panels up but they did not finish the installation. I cannot use my solar panels. The finance company says I still owe them money, however.

The installation company is ignoring me and the finance company.... View More

Aimee Hess
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Aimee Hess
answered on Feb 13, 2023

It's possible that you may be able to void the solar contract and the financing contract if the work was not completed. A lot depends on the wording of what you signed and on how Texas courts are currently interpreting these contracts. You will need to take all your paperwork to an attorney... View More

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: IF MINORS LAND IS SOLD ARE THE MINORS MINERAL RIGHTS NOT INCUDED IN THE SALE
Aimee Hess
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Aimee Hess
answered on Nov 27, 2022

It depends on the language of the deed. In Texas, in most cases if the minerals are not withheld via a reservation in the deed, then they go to the grantee/buyer.

1 Answer | Asked in Energy, Oil and Gas, Municipal Law and Real Estate Law for Texas on
Q: How can I find out about noise ordinance in my city?

An oil company is pumping water out of a strip pit that is really close to my house and their pump runs continuously disturbing my sleep all hours of the night.

Aimee Hess
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Aimee Hess
answered on Nov 8, 2022

Depending on where you live, your subdivision, city or county may have a noise ordinance and you can ask that they send someone out to measure the decibels produced by the pump and see if it violates the ordinance. If that does not work, you could ask the oil company if they are using a muffler on... View More

2 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Energy, Oil and Gas for Texas on
Q: Person in possession of heirship affidavit on my ancestor has been impersonating self as my deceased ancestor since 198-

She and her descendants filed false documents to access in a county court to collect royalty payments on the gas and oil leases which she forged. Need to file for the court to review all related documentation and restore my rights. Want to represent self in court as I can tell my story and... View More

Aimee Hess
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Aimee Hess
answered on Oct 5, 2022

It's hard to get an attorney to agree to a partial representation. That's like asking a surgeon to help you while you do your own gall bladder surgery. It's not a good idea to represent yourself in something like this. You will be held to the same standard as an attorney as far as... View More

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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... View More

Aimee Hess
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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... View More

Aimee Hess
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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...
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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... View More

Aimee Hess
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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... View 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... View More

Aimee Hess
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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... View 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
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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...
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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.,... View More

Aimee Hess
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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... View 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
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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... View More

Aimee Hess
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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... View More

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