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Oklahoma Energy, Oil and Gas Questions & Answers

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on

Q: I was not notified of a 18' natural gas pipe to be replace on my property line. Was a notice required?

Pipe runs straight down property line with 25' just for access easements on each side. Now there is going to be a turn on to my property about 3 to 4 feet in towards my property from NW corner. This will change easement agreement, pushing into my property. I was never notified and they are on my... Read more »

Doak Willis answered on Jun 27, 2019

If I understand your question and facts, your stating that the new pipe line will be on your property outside of the established easement which would require your consent otherwise you would be entitled to some compensation or a removal of the pipe line back within the easement already established.... Read more »

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Oklahoma on

Q: Oil and gas leases in a minors name with listed custodians on it, what rights do they have as non legal guardians

Parents didn't give permission for anything listed in the minors name to be conveyed or sold. Grandparents listed themselves as custodians. Conveyed everything to themselves from the children.Grandchildren never received anything on the oil and gas revenues.

Richard Winblad answered on Jun 20, 2019

If the children are now adults they may want to pursue a quiet title action against the grandparents.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: I don't agree with a Division Order's interest. What are my rights?

I wrote "Disputed" on the Division Order and sent it back after inheriting a portion of the lease. Producer (Butkin Oil) takes 80%, by their own admission and won't say where the other 20% goes. My owner interest is less than .002%. It also appears that I am paying state taxes for the total... Read more »

Richard Winblad answered on Jun 20, 2019

Oil and gas law is complicated. The operator typically has the lion's share of the revenues because it pays for all the expenses and therefore has all the risk. If they spend a million and the hole is dry they eat all of the cost. However, a royalty interest owner pays nothing.

The...
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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: Is it legal for an individual to sell a portion of their non-participating royalty interest then distribute the revenue?

Sam has bought Texas and Oklahoma mineral acreage/interest for the past 40 years. Some has become producing and he sells some of his interest to others by executing deeds for them. He does not instruct these "investors" to request division orders directly from the operators by submitting a copy... Read more »

Richard Winblad answered on Apr 2, 2019

Buyers should contact the operators directly with the documentation, request Division Orders and provide W-9s.

1 Answer | Asked in Energy, Oil and Gas and Landlord - Tenant for Oklahoma on

Q: What do I do? I'm pregnant the landlord is not doing their job to fix things.

We moved in Bradford Square Apartments September 14th and still nothing has been fixed I'm pregnant and have been breathing in gas and a rotten egg smell the carpet was not cleaned there's mold behind the toilet we went a whole month without hot water til the hot water tank busted then they finally... Read more »

Kyle Persaud answered on Mar 21, 2019

Realistically, you may not be able to get anything fixed within the time necessary. Your best bet may be to move out of your apartment.

If you can't afford to move out now, here is, I think, your best option: Write a letter to your landlord. In your letter, list all the problems with your...
Read more »

1 Answer | Asked in Criminal Law and Energy, Oil and Gas for Oklahoma on

Q: My husband thinks he needs a lawyer regarding oil larceny charges. He’s been used and fired in all this. We need help

Keegan Kelley Harroz answered on Mar 4, 2019

Your husband is correct. He needs to hire an experienced criminal defense attorney.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: Do I have to give right a way for a pipeline for a oil company

Richard Winblad answered on Jan 9, 2019

This all depends on whether or not the property is being taken for eminent domain. If the company is a common carrier they may have this power. Eminent domain is often a condemnation for those who do not agree the the company's offer. Often companies offer a very low value.

If this is...
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1 Answer | Asked in Family Law, Real Estate Law and Energy, Oil and Gas for Oklahoma on

Q: If judgement was in dads step brother cam we take him back to court

Dad died in 2000 and dads STEP BROTHER took us to court and because STEP BROTHER said how does anyone know we belong to are dad judgement was in his favor cause they wanted dna what can we do

Doak Willis answered on Dec 30, 2018

Your question is confusing. This appears to be a question concerning heirship and whether you can prove you were an heir of the deceased. You stated they wanted DNA evidence which a test can be taken but your facts don't address whether it was ordered or not and the results. You should make an... Read more »

2 Answers | Asked in Energy, Oil and Gas and Family Law for Oklahoma on

Q: My grandmother with property and mineral rights in Oklahoma dies in Missouri without a will. My father (her son) is

also dead. My siblings and I want to sell mineral rights, but there are individuals who may or may not have a claim (out of wedlock birth). Do these individuals have a legal claim...must they take DNA test? What type attorney do we need to consult on these issues?

Richard Winblad answered on Nov 27, 2018

This is a fact relevant issue. Current Oklahoma law states: Section 215 - Inheritance by and from Illegitimate Child

For inheritance purposes, a child born out of wedlock stands in the same relation to his mother and her kindred, and she and her kindred to the child, as if that child had...
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1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on

Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.

Grandmother died in Oklahoma in 1980, had a will. All known assets were held in "joint tenancy" with her surviving daughter. In 2014, unknown minerals in OK were found. Oil company remitted force-pooled bonus consideration to OK. OK demands a probated will for an estate of virtually $0. Bonus is... Read more »

Richard Winblad answered on Nov 8, 2018

If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: I am a court appointed guardian. Can I lease mineral rights for oil n gas without getting a judge to sign off on it?

Richard Winblad answered on Oct 17, 2018

First:

Oklahoma Statutes Citationized

Title 30. Guardian and Ward

Oklahoma Guardianship and Conservatorship Act

Sale of Property

Article Article IV - Miscellaneous Provisions

Section 4-759 - Personal Representatives May Sell Oil, Gas and Mining Leases...
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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: How much should a leese pay leesor for a shut in well per month per acre?

Richard Winblad answered on Jun 14, 2018

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... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Oklahoma on

Q: I own 140 acres of mineral rights in Oklahoma but 40 acres has another persons name I do not know. How do I remove?

How do I remove him. I believe that the mineral rights ownership was never updated when deeded to my mother over 60+ years ago.

Richard Winblad answered on Dec 31, 2017

It is unlikely that you will be able to remove the other person if they are in the chain of title. It is not unusual for mineral interests to be fractionalized. You can only remove somebody if they are a stranger to title. For example, if a deed or conveyance mistakenly included the wrong legal... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: How do I get mineral rights in my name?

Parents retained the mineral right to approximately 40 acres in Latimer County, OK. I found letters addressed to me and my mother that were from several Landmen wanting to lease the mineral rights. I was not aware of these letters until I found them while going through her belongings after she... Read more »

Richard Winblad answered on Dec 31, 2017

The cleanest method is to probate those interests. You may be able to do this using a summary probate procedure. This is usually relatively inexpensive and quick. There is also an affidavit of heirship. However, many oil companies will not pay royalties unless there is a probate court order in... Read more »

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on

Q: With a special warranty deed can you have a reservation without using the word excepting or reserving if there's a lease

Richard Winblad answered on Dec 11, 2017

Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest.... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Oklahoma on

Q: I have mineral rights that I want to sell that were passed down to me but the buyer says I have to file a quiet title.

What does this mean cost write

Richard Winblad answered on Aug 23, 2017

Are you sure that he didn't say probate?

You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a fairly inexpensive summary probate that can be wrapped up on about 90 days:

-the total value of his assets in Oklahoma is...
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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: what forms are need to transfer mineral royalties to another family member

I have a brother who has passed and need to have his percentage of mineral rights transfer to the rest of the family

Richard Winblad answered on Aug 23, 2017

That is a tough answer. You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a summary probate that can be wrapped up on about 90 days:

-the total value of his assets in Oklahoma is $200,000 or less;or

-he died more than...
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1 Answer | Asked in Contracts and Energy, Oil and Gas for Oklahoma on

Q: What rights do I have as a royalty interest owner in Oklahoma if I haven't been paid my royalties in years?

I'm a royalty interest owner in an oil & gas well in Oklahoma. In 2011, the operator sued the working interest owners and all proceeds from purchasers were put in suspense. (It was set-up for the operator to receive all proceeds & to distribute to everyone). The well has been producing from 2011... Read more »

Jim Ed "Jed" Franklin answered on Feb 3, 2017

You can sue anyone for anything. Winning is another matter. There are not enough facts to fully and faithfully answer your question. However, it does sound like you are entitled to the unpaid royalties, probably with interest. I would start with the current operator and ask them what is going... Read more »

1 Answer | Asked in Energy, Oil and Gas, Contracts and Real Estate Law for Oklahoma on

Q: selling mineral rights, is it standard practice for seller to sign a contract and sign over the deed before being paid?

Jim Ed "Jed" Franklin answered on Feb 3, 2017

The buyer will want you to do it that way, but I always counsel my clients to not turn over the deed until payment is made. Usually I do this simultaneously. I've not had a problem in asking for and getting this concession, because otherwise it is too risky and not fair to the seller.... Read more »

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