Texas Energy, Oil and Gas Questions & Answers
Q: I own mineral rights in West Texas we least are mineral rights to oxy oil 2017 we still have not received any royalties
They started production in 2017
First, you will need to be sure that the production is actually production from your mineral interests. Your lease may have been limited to certain depths and so the fact that there is a well in your area or even on your land that is producing is not necessarily determinative. Secondly, if your... Read more »
Q: A oil company has broken the contract that we all signed. how can i get them to hold up to the agreement?
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... Read more »
Q: I was involved in truck wreck on Halloween evening 2018.
I was involved in truck wreck on Halloween evening 2018. I was driving my friends company vehicle when another driver failed to yield to right of way and stop sign and pulled out infront of us. I am an Independent contractor for a firm here in Odessa and have not been able to go back to work. I do... Read more »
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... Read more »
Q: Hi i get 1 million dollars,1 million to oil company.my lawyer say i back the money from oil comp.never get.
It isn't fully clear what the question is here.
Tim Akpinar
Q: I am pretty sure a nearby company is polluting my well water. What are my next steps?
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... Read more »
Q: Would it be acceptable for us to record a "Memorandum of Option To Exercise Oil, Gas, & Mineral Lease?" Thanks!
We thought it would be best to get it on record, but wish to keep the terms confidential. What do you think?
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... Read more »
Q: Is it necessary to sign a W-9 form in order to transfer royalty from my deceased grand father's account?
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?
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?
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... Read more »
Q: Several years ago a petroleum company removed a pump that was partially on my father's land. Can we still seek damage
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... Read more »
Q: Our mother made a deal leasing her rights, but she has early stage dementia, can we contest this?
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... Read more »
Q: Does adverse possession include mineral rights underneath the land's surface?
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... Read more »
Q: Do you need to get permission to install wind power on a privately owned farm?
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
With his daughter she is to receive any unclaimed property in Texas. I recently discovered unclaimed property in Oklahoma that is not included in the settlement Can I claim it.
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... Read more »
Q: Chapter 11 bankruptcy after the final decree when do the creditor get paid for there proof of claim. This a oil and gas
This would be in reference to mineral interest and working interest disbursements. It is secured priority.
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... Read more »
Q: If my grandmother's name was forged on a document that cut her out of dividends from land (oil). What can be done?
My great-great-grandfather left his grandchildren land that Shell oil ended up digging and finding oil. My grandmother is one of his grandchildren. One of her first cousins who has since passed forged her and her sisters name on a document cutting them out from dividends from Shell. Her other... Read more »
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?
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.... Read more »
Q: When does the right to request a re-assignment terminate if the provision allows for them to exercise in perpetuity?
We have assignments of working interest that all include a re-assignment provision allowing the assignor, upon request, to be re-assigned his/her interest in all depths below 100’ below the deepest producing well. As of now, it looks like the deepest well is 10,571’. Our client wants to drill... Read more »
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... Read more »
Q: Recently found out I was a victim of fraud loosing around $20k.
The US Department of Justice convicted the persons responsible and ordered them to pay back the funds. I know I may get little or nothing back. Is it worth the trouble to file a personal lawsuit or try to put a lien on anything they may own to try and recover the funds?
I am assuming the fraud arises from some kind of oil and gas investment you made. When I am asked about these kinds of cases, the first thing I do is review the documents you were given and that you may have signed and discuss the facts with you in order to determine whether you have a valid claim.... Read more »
Q: I am heir to a 25% mineral interest on 297 acres. They're drilling a well. Do I get 25% of the 25% from leasee?
Plat is for 297 acres. There is one surface owner for 297 acres. I do not have executive right.
You should take all deeds and any other proof of inheritance, etc. to an oil and gas or real estate attorney in your area for an in-depth review.
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