My question is. Can the Oil Company get out of paying my family it's Royalties?? There's millions owed to us. We are unsecured creditors. How can we become a ""Priority" in this case? Help... Court has been through a 3x's Arbitration(?) Final Hearing is set for Sept 10. All petitions must be in... Read more »
In most cases, an oil company in bankruptcy must pay current royalties to its mineral owners with whom it has active oil and gas leases. Past royalties are often treated as claims against the bankruptcy estate. Whether the claim is secured or unsecured, or priority or nonpriority, depends on the...Read more »
First, you will need to be sure that the production is actually production from your mineral interests. Your lease may have been limited to certain depths and so the fact that there is a well in your area or even on your land that is producing is not necessarily determinative. Secondly, if your...Read more »
If an oil company has violated its agreement with you, it is possible that you can get a court order requiring them to fulfill their obligations under the contract. They may also be liable to you for damages. You will first need to have an oil and gas attorney review the contract and the facts that...Read more »
I'm not sure what the BPU is. In Texas, if it is a rural water company, ask to see a copy of the company's tariff. The tariff will set out how they handle payments of deficiencies. If you disagree with the procedure, you can file a complaint with the Texas Commission on Environmental Quality or the...Read more »
This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to...Read more »
It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the...Read more »
Filing a memorandum in the county deed records is certainly used to give notice of an agreement without disclosing the precise terms. However, before you do that, have an oil and gas attorney review the option itself, as well as take a look a Texas court decisions, to make sure you are not going to...Read more »
Whether or not you can install a wind turbine on your house depends on a number of factors. You will need to have an attorney evaluate your particular circumstances to determine if the law allows it. Generally, your attorney would need to determine what municipal or county ordinances might apply...Read more »
I assume you are asking whether you can recover damages to the land? Whether or not you can depends on a number of factors, such as how long ago the damage occurred, what kind of damage it is and the terms of any agreements between your father and the oil company. It is important to have an oil and...Read more »
If your mother's dementia prevented her from understanding what she was signing, it may be possible to void the lease. You will need to seek the assistance of an attorney to evaluate the specifics of her situation and also a written opinion of a physician that she lacks mental capacity to...Read more »
Adverse possession of the surface can include adverse possession of the mineral rights as long as the mineral rights have not been severed from the surface. Severance of minerals rights from the surface estate can occur in a number of ways, such as a lease of the minerals, a deed which reserves the...Read more »
In most cases, yes, you need not only permission to install wind turbines on privately owned property, you must have a written agreement, usually in the form of a lease, which addresses the compensation to the landowner and other important issues.
The answer is maybe. This is a case where the devil is in the details. The unclaimed property department of each state is separate from one another. However, you will still need to have an attorney review both the settlement agreement and any documents relevant to the Oklahoma oil property to...Read more »
In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get paid. You can get a...Read more »
My great-great-grandfather left his grandchildren land that Shell oil ended up digging and finding oil. My grandmother is one of his grandchildren. One of her first cousins who has since passed forged her and her sisters name on a document cutting them out from dividends from Shell. Her other... Read more »
Your family's rights depends on what kind of document was signed and how long ago the forgery occurred. I assume the forged document was a deed. In Texas, a forged deed is void and does not pass title. However, there are statutes of limitation in Texas for asserting your rights. What statute of...Read more »
In many cases, a neighbor can sell his or her land without your consent. Texas laws and the Constitution support the idea that people can buy and sell their property as they please. In some cases, there may be deed restrictions or restrictions in an owner's chain of title that can limit transfers....Read more »
We have assignments of working interest that all include a re-assignment provision allowing the assignor, upon request, to be re-assigned his/her interest in all depths below 100’ below the deepest producing well. As of now, it looks like the deepest well is 10,571’. Our client wants to drill... Read more »
It sounds like you have a valid concern here. However, in situations like this, the devil is in the details. In other words, an experienced oil and gas attorney would have to review those assignments and discuss the facts with you to be able to advise you appropriately. There may be common-law...Read more »
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