Aimee Hess' answer 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 be in violation of the option agreement by filing the memorandum.
Aimee Hess' answer 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 that could restrict or regulate this installation. Secondly, your attorney would need to determine if there are any restrictive covenants for your neighborhood that may prohibit or regulate a wind...
Leonard Robert Grefseng's answer The law of the state where the deceased resided at the time of death controls. Residency is a matter of intent: for example- If I have a vacation home in Hawaii, I might stay there most of the time, but I could maintain my legal residence in Tennessee, and Tennessee law controls who would inherit from me.
Thomas A. Grossman's answer I don't know that an Oklahoma Supreme Court decision will help you any in your case, as it is in a different sate, and judges can go one way or another. If there has been no lawsuit filed, you can probably go to your local small claims court and file your own small claims case against So Cal. If you win, they can appeal to superior court. If you lose, you cannot appeal.
Aimee Hess' answer 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 gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a...
Aimee Hess' answer 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 understand what she signed.
Richard Winblad's answer If you have a lease that should already be spelled therein. If someone is asking you to sign a lease that amount is negotiable. The producer should also be required to pay the shut-in without requiring the mineral owner to request it. Producers look for a $1 per acre upon request. Mineral owners should request a greater amount. Perhaps $25. Nobody gets rich on shut-in royalties.
Aimee Hess' answer 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 mineral rights or an outright deed of the mineral rights to a third party. An oil and gas attorney will need to review documents in the chain of title for the property to determine whether severance...
D. Michael Burke Esq's answer This can be a very complicated case, and costly, too. What exactly blew up? Did the grill malfunction? Was the grill well maintained? Was it a gas grill--and did the propane tank explode? Did a connection leak?
All of these questions must be answered to determine who was at fault. But the most critical issue in a case of this sort is: how severe were the injuries? was hospitalization required? How much are the medical bills? Will you require plastic surgery?
Aimee Hess' answer 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.
Joseph Jaap's answer Use the Find a Lawyer tab to retain a local real estate attorney to assist. Find out if the oil company has an easement to use the driveway. If not, tell them to stop. If so, what does the easement say about repair of damage? Get an estimate for cost of repairs and send that to them by certified mail or FedEx and say if not fixed, parents will sue them. If they don't fix, then sue in small claims court up to $6,000 or up to $15,000 in municipal court.
Aimee Hess' answer 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 determine whether the Oklahoma property goes to you or to his daughter under the terms of the settlement agreement.
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