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

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 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
PREMIUM
Answered

A: 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 critical to know what the deed records show as the exact chain of title and current ownership of the mineral interests. You will need a landman or oil and gas attorney to do a formal mineral title search for you. Next, you can review the chain of title and ownership and if you disagree with what is shown, an oil and gas attorney can review with you what your options are under Texas law to correct the situation.

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