Texas Energy, Oil and Gas Questions & Answers
Q: A oil company has broken the contract that we all signed. how can i get them to hold up to the agreement?
Aimee Hess' answer
If an oil company has violated its agreement with you, it is possible that you can get a court order requiring them to fulfill their obligations under the contract. They may also be liable to you for damages. You will first need to have an oil and gas attorney review the contract and the facts that you believe show the oil company has violated the contract. The oil and gas attorney can then review with you your options to enforce the contract.
If an oil company has violated its agreement with you, it is possible that you can get a court order requiring them to fulfill their obligations under the contract. They may also be liable to you for damages. You will first need to have an oil and gas attorney review the contract and the facts that you believe show the oil company has violated the contract. The oil and gas attorney can then review with you your options to enforce the contract.
Q: What can I do if my family is keeping my trust a secret from me??
1 Answer
| Asked
in
Estate Planning, Real Estate Law and Energy, Oil and Gas
for
Texas
on
Answered on Dec 22, 2018
Answered on Dec 22, 2018
Terry Lynn Garrett's answer
In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
In Texas if you are 25 or older and a current beneficiary (not someone who might receive benefits in the future), the trustee must give you an annual accounting. If you know that the trust exists and know who the trustee is and know that you are a current beneficiary and are 25 or older, you can demand an accounting and, if it is not produced, hire an attorney to file a Motion for an Order to Show Cause ordering the trustee to explain to a judge why the annual accounting has not been produced.
Q: I was involved in truck wreck on Halloween evening 2018.
2 Answers
| Asked
in
Car Accidents, Personal Injury and Energy, Oil and Gas
for
Texas
on
Answered on Dec 6, 2018
Answered on Dec 6, 2018
Rahlita D. Thornton's answer
You need to get right on it and begin investigation on the details of this accident. But, your delay in seeking medical treatment may devalue your case. We do handle these cases and can get you to a doctor asap. It does not matter that you do not have health insurance if the other responsible driver is at fault. What type of "truck" hit you? Feel free to reach out to us for help at 888-343-4529 #1.
You need to get right on it and begin investigation on the details of this accident. But, your delay in seeking medical treatment may devalue your case. We do handle these cases and can get you to a doctor asap. It does not matter that you do not have health insurance if the other responsible driver is at fault. What type of "truck" hit you? Feel free to reach out to us for help at 888-343-4529 #1.
Q: I am pretty sure a nearby company is polluting my well water. What are my next steps?
Aimee Hess' answer
This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to determine if there is "correspondence" between the company's activities and any pollutants found in your well, in other words, whether any pollutants created by this company are actually migrating to your...
This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to determine if there is "correspondence" between the company's activities and any pollutants found in your well, in other words, whether any pollutants created by this company are actually migrating to your...
Q: How can I prove that my dad's cancer was caused by toxic waste dumps from a nearby oil factory?
Aimee Hess' answer
You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.
You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.
Q: My father is a fisherman affected by the BP oil spill. He doesn't speak almost any English (he's from Vietnam) but a BP
Aimee Hess' answer
It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the facts and circumstances regarding his signing of the settlement document to determine if the situation meets the Texas definition of fraud, and if it does, what procedures might be available to void the...
It difficult to void a signed document in Texas, but Texas does allow voiding a document in certain cases where the signature was obtained by fraud. In order to determine if fraud is present in your father's case, you and your father will need to consult with an attorney who will review all the facts and circumstances regarding his signing of the settlement document to determine if the situation meets the Texas definition of fraud, and if it does, what procedures might be available to void the...
Q: Would it be acceptable for us to record a "Memorandum of Option To Exercise Oil, Gas, & Mineral Lease?" Thanks!
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.
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.
Q: Is it necessary to sign a W-9 form in order to transfer royalty from my deceased grand father's account?
Aimee Hess' answer
Yes, the oil company is required to get a W-9 so they know how to report royalties to the IRS and also to you at the end of the year on a 1099.
Yes, the oil company is required to get a W-9 so they know how to report royalties to the IRS and also to you at the end of the year on a 1099.
Q: Are there any guidelines for recording an "Option To Exercise Oil, Gas, and Mineral Lease" in the state of Texas?
Aimee Hess' answer
Texas county clerks required original , notarized signatures on the document and payment of the correct filing fee to file any document in the county deed records.
Texas county clerks required original , notarized signatures on the document and payment of the correct filing fee to file any document in the county deed records.
Q: Is it legal to put a wind turbine on the roof of a house?
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...
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...
Q: Several years ago a petroleum company removed a pump that was partially on my father's land. Can we still seek damage
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...
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...
Q: Our mother made a deal leasing her rights, but she has early stage dementia, can we contest this?
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.
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.
Q: Does adverse possession include mineral rights underneath the land's surface?
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...
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...
Q: Do you need to get permission to install wind power on a privately owned farm?
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.
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.
Q: My mother had a interest in oil property in Oklahoma that was left to my brother and me. He is deceased. In a settlemet
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.
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.
Q: Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas
Aimee Hess' answer
In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get paid. You can get a copy of the Plan from the Bankruptcy Clerk, the Debtor's attorney or, in some cases, online through the PACER system.
In most cases, in a Chapter 11 "Debtor in Possession" proceeding, the debtor prepares and files a "Plan of Reorganization" that must be approved by the Court and certain creditors. In most cases that I have been involved with, the Plan will provide details on when creditors get paid. You can get a copy of the Plan from the Bankruptcy Clerk, the Debtor's attorney or, in some cases, online through the PACER system.
Q: If my grandmother's name was forged on a document that cut her out of dividends from land (oil). What can be done?
2 Answers
| Asked
in
Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate
for
Texas
on
Answered on Mar 11, 2018
Answered on Mar 11, 2018
Terry Lynn Garrett's answer
How long ago did this happen? It may be too late to correct the situation.
How long ago did this happen? It may be too late to correct the situation.
Q: Can my neighbor sell his land to an energy company without my consent?
Aimee Hess' answer
In many cases, a neighbor can sell his or her land without your consent. Texas laws and the Constitution support the idea that people can buy and sell their property as they please. In some cases, there may be deed restrictions or restrictions in an owner's chain of title that can limit transfers. In addition, there may be zoning regulations or ordinances that limit how property is used. To know what law applies in your case, you would need to talk to a Texas real estate attorney so they can...
In many cases, a neighbor can sell his or her land without your consent. Texas laws and the Constitution support the idea that people can buy and sell their property as they please. In some cases, there may be deed restrictions or restrictions in an owner's chain of title that can limit transfers. In addition, there may be zoning regulations or ordinances that limit how property is used. To know what law applies in your case, you would need to talk to a Texas real estate attorney so they can...
Q: When does the right to request a re-assignment terminate if the provision allows for them to exercise in perpetuity?
Aimee Hess' answer
It sounds like you have a valid concern here. However, in situations like this, the devil is in the details. In other words, an experienced oil and gas attorney would have to review those assignments and discuss the facts with you to be able to advise you appropriately. There may be common-law doctrines, such as estoppel, that would operate to prevent them from exercising the re-assignment.
It sounds like you have a valid concern here. However, in situations like this, the devil is in the details. In other words, an experienced oil and gas attorney would have to review those assignments and discuss the facts with you to be able to advise you appropriately. There may be common-law doctrines, such as estoppel, that would operate to prevent them from exercising the re-assignment.
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