Beaumont, TX asked in Civil Litigation, Real Estate Law and Energy, Oil and Gas for Texas

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 conveyed 1/16 of minerals to mother. Then it was purchased by my aunt and she has 100 % of minerals and get the lease bonuses on property. So what would be the easy way to use this information to establish that we do hold the royalty interest in the other property someone else has been receiving lease bonus on.

1 Lawyer Answer
Aimee Hess
Aimee Hess
  • Energy, Oil & Gas Law Lawyer
  • Streetman, TX
  • Licensed in Texas

A: 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 does not compute title, the oil company's title attorney does. Thus, if you are not being paid royalties, there may be a more complex problem, such as a missing deed from an estate in your chain of title. Contact the land or division order department of the oil company and find out exactly what the problem is. Keep in mind that if the issue is more complex than just needing a copy of your deed, you may need an oil and gas attorney who can take the steps you need to get your title in order. The process is generally referred to as curing title.

1 user found this answer helpful

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.