Lawyers, Answer Questions  & Get Points Log In
Oklahoma Energy, Oil and Gas Questions & Answers
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
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
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
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
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...
Read more »

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
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...
Read more »

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... Read more »

Jim Ed "Jed" Franklin
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
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 »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Do wellbores belong to the mineral lease
Howard Berkson
Howard Berkson answered on Dec 22, 2013

That is actually a complicated question depending on how it is interpreted. The two parties' obligations to each other may be loosely described like this: the lessee is responsible for the hole and what comes out of it; and the lessor is responsible for providing access to the minerals. More... Read more »

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Two Questions both in Ok. First in Dewey County, 2nd Roger Mills

1) In Dewey County, i have leased minerals, producing well in a section. Another company drilling in formation below the producing formation. I have depth clause, they says this can happen. However, my existing lease with Chesapeake, expires in NOV 2013. They have first option to lease. My question... Read more »

Howard Berkson
Howard Berkson answered on Nov 13, 2013

There is no short or easy answer to either question based on the information provided. Both require inspection of documents (at the very least the leases). The second, in particular, will require face time with an attorney.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: My mom inherited royalities in grady county oklahoma.her will does not have a notary seal on it is it legal in okla
Howard Berkson
Howard Berkson answered on Nov 11, 2013

There are various reasons that can cause a will to be valid or invalid. Ordinarily, a will does not need to be notarized. However, a "self-proving" will must be notarized, but the absence of a notary may not invalidate the will. You should consult with an attorney who is able to review the will.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: What is the state title which marking underground utilites i know the state statue is 142 for oklahoma
Mr. Jarod Morris
Mr. Jarod Morris answered on Mar 30, 2011

Can you please provide more details?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: My mom owned and leased mineral rights in OK. She recently passed away. What are our options?
Mr. Jarod Morris
Mr. Jarod Morris answered on Mar 28, 2011

The best course of action and your options largely depends on whether your mother had a will. Land and mineral rights are property that passes on as assets in a person's estate. These can be distributed via will or through what is known as intestate succession (i.e., to all heirs as defined... Read more »

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.