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.
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 »
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?
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.... Read more »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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) 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 »
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.
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.
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 »
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