It depends on the language of the deed. In Texas, in most cases if the minerals are not withheld via a reservation in the deed, then they go to the grantee/buyer.

It's hard to get an attorney to agree to a partial representation. That's like asking a surgeon to help you while you do your own gall bladder surgery. It's not a good idea to represent yourself in something like this. You will be held to the same standard as an attorney as far as... View More

You can call the clerk of the Court in which this case is pending.

You can try sending copies of everything you have to the oil company by certified mail with a letter asking them to correct the situation. However, don't be surprised if what you send them is not enough to change their mind.

This is probably not a do-it-yourself project. First, it is... View More

Whether the process is simple or more challenging depends on the state of your mineral title. If you have a deed for these minerals it may be a matter of sending a copy of the deed to the oil company with a certified letter and requesting that they correct the error. Keep in mind that the landman... View More

This is becoming a common problem with residential solar systems. Many states will allow a consumer to terminate a transaction if fraud was involved.However, no one can give you specific advice on your mother's rights unless they get a detailed fact statement from her and review the contract... View More

In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas.

The Texas Railroad Commission, the state agency which regulates oil... View More

If you are the mineral owner and the well is producing and the royalties are over the oil company's minimum for checks, you may be entitled to royalties. It's not possible to know what your rights and remedies are without a thorough analysis of your situation. Contact an oil and gas... View More

There are wells on city land because the mineral owner for that property, i.e., the city, has signed an oil and gas lease that allows those wells. The royalties will go the the mineral owner, i.e., the city.

Leases can be bought and sold many times before and after there is production so it is not uncommon for the operator of the well not to be the original lessee. Royalties are suspended because the operator can not mineral owner the owner or there is an issue with the title of the property that... View More

unfortunately, you can't simply "remove" a UCC financing statement. It has to be done either by court order after a lawsuit or by agreement of the parties. What your rights are regarding these representations depends in large part on what your contract with the solar panel company... View More

Whether or not you own the mineral rights depends not just on the language of your mother's deed, but by the history of the mineral ownership as shown in the county deed records. The only way to determine if your mother received mineral rights when she bought the property is to have a mineral... View More

Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In... View More

Generally, all cotenants have the right of access to the jointly owned property. If you own surface and a partial mineral interest, the other mineral interest owners are your cotenants and they have right of access also. The best solution for a surface owner with partial mineral interest is to... View More

First, be aware that your niece may also be an heir of your grandmother even if the will was not probated. The oil company may have accepted a certified copy of the grandmother's will filed in the deed records or an affidavit of heirship as evidence of your niece's entitlement to... View More

A Texas attorney could advise best, but your post remains open for three weeks. In most jurisdictions, what you describe sounds like things that fall under the general heading of theft of services. Your friend should reach to a criminal defense attorney in the applicable county to discuss more... View More

The solar panel company may have violated the Texas Deceptive Trade Practices/Consumer Protection Act because of their representations to you. You may want to contact an attorney near you to review your claim in detail and contact the company on your behalf to negotiate an adjustment to the... View More

It can be difficult (and expensive) to find minerals if you have no idea which county they are in or how your uncle acquired the interest. If he acquired the minerals, you would start by looking under his name. If he inherited them you would also have to look under the names of the persons from... View More

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answered on Dec 11, 2020

Certainly... It happens all the time. The buyer needs to do a title search prior to signing the contract, and certainly prior to paying over the price. If it is a warranty deed, check to see if the lease is listed on the face of the deed as an encumbrance.

It is essential that you retain an attorney to represent you. There are some things you can handle yourself, but litigation is definitely not one of them. Justia has a good search engine (Find A Lawyer) that will assist you in finding a civil litigation attorney in or near the county where this... View More