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Texas Energy, Oil and Gas Questions & Answers
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
PREMIUM
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
PREMIUM
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... Read more »

1 Answer | Asked in Energy, Oil and Gas and Municipal 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.

John Michael Frick
John Michael Frick
answered on Nov 8, 2022

Many Texas cities have websites. Often, a city’s code of ordinances is linked on its website. If not, the office of the city secretary maintains a city’s ordinances which are publicly accessible. You can go to that office and ask to see and copy the city’s noise ordinance.

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... Read more »

Aimee Hess
PREMIUM
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... Read 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... Read more »

Aimee Hess
PREMIUM
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... Read more »

Aimee Hess
PREMIUM
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...
Read more »

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... Read more »

Aimee Hess
PREMIUM
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... Read 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... Read more »

Aimee Hess
PREMIUM
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... Read 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
PREMIUM
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...
Read more »

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.,... Read more »

Aimee Hess
PREMIUM
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... Read 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
PREMIUM
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... Read more »

James Tack Jr
James Tack Jr
answered on Mar 18, 2022

Leases can be bought and sold many times before and after there is production so it is not uncommon for the operator of the well not to be the original lessee. Royalties are suspended because the operator can not mineral owner the owner or there is an issue with the title of the property that... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Collections and Energy, Oil and Gas for Texas on
Q: How do I get out of a bad solar contract?

We got ripped off by a solar company in 2020, when we were busy working 16+ hour days while taking care of kids at home. The salesperson said that the panels would cover 100% of our electric needs but it only covers 75% at best and the payments are as much as the electric costs without solar. The... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Dec 21, 2021

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... Read more »

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Dec 18, 2021

Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral... Read more »

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1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 13, 2021

Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: If you have fractional interest in mineral rights, can you prevent someone from drilling on the surface of the land?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

James Tack Jr
James Tack Jr
answered on Jul 13, 2021

Generally, all cotenants have the right of access to the jointly owned property. If you own surface and a partial mineral interest, the other mineral interest owners are your cotenants and they have right of access also. The best solution for a surface owner with partial mineral interest is to... Read more »

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

Aimee Hess
PREMIUM
Aimee Hess
answered on Jul 5, 2021

First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... Read more »

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1 Answer | Asked in Criminal Law, Energy, Oil and Gas and Environmental for Texas on
Q: What is the charge for stealing water and tampering with water pipes at your home in Texas?

For 5 months, after tampering with the pipes what would the charge be? (A felony? Misdemeanor?) and how much fine or jail time in Texas?

Also the total amount was less than $600 of water stolen and it was fully paid for before the court date? And the person has no previous jail time or... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. In most jurisdictions, what you describe sounds like things that fall under the general heading of theft of services. Your friend should reach to a criminal defense attorney in the applicable county to discuss more... Read more »

1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... Read more »

Aimee Hess
PREMIUM
Aimee Hess
answered on Feb 27, 2021

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... Read more »

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Do I have mineral rights in okla Don t where to start that whole side has died but me and my sister

Uncle had no children there was no will just told we had it and no idea which county to start or whos last name and first name to use did know the nichols side

James Tack Jr
James Tack Jr
answered on Jan 7, 2021

It can be difficult (and expensive) to find minerals if you have no idea which county they are in or how your uncle acquired the interest. If he acquired the minerals, you would start by looking under his name. If he inherited them you would also have to look under the names of the persons from... Read more »

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