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Texas Energy, Oil and Gas Questions & Answers
1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

Aimee Hess
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Aimee Hess
answered on Jul 13, 2021

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

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: If you have fractional interest in mineral rights, can you prevent someone from drilling on the surface of the land?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

James Tack Jr
James Tack Jr
answered on Jul 13, 2021

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

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

Aimee Hess
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Aimee Hess
answered on Jul 5, 2021

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

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1 Answer | Asked in Criminal Law, Energy, Oil and Gas and Environmental for Texas on
Q: What is the charge for stealing water and tampering with water pipes at your home in Texas?

For 5 months, after tampering with the pipes what would the charge be? (A felony? Misdemeanor?) and how much fine or jail time in Texas?

Also the total amount was less than $600 of water stolen and it was fully paid for before the court date? And the person has no previous jail time or... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2021

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

1 Answer | Asked in Energy, Oil and Gas and Small Claims for Texas on
Q: Can I sue my solar company for misleading sales tactics in Texas?

About 3 months ago, I was provided a presentation on some solar panels. There were several key points in the presentation that convinced me that this was the company to go solar with. The first year of payments was on the company, which they came through on with a check. The biggest reason was why... View More

Aimee Hess
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Aimee Hess
answered on Feb 27, 2021

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

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Do I have mineral rights in okla Don t where to start that whole side has died but me and my sister

Uncle had no children there was no will just told we had it and no idea which county to start or whos last name and first name to use did know the nichols side

James Tack Jr
James Tack Jr
answered on Jan 7, 2021

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

2 Answers | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Texas on
Q: Is it legal that a company sell land without telling the buyer that an existing oil and gas lease exist
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: How do I begin fighting a law suit over mineral rights for which I'm a long lost relative of the owner in TX?

Myself and several relatives who are the long lost heirs of mineral rights to some property in Texas. We are now being sued over that property. I have no idea how to begin going about dealing with this issue.

Aimee Hess
PREMIUM
Aimee Hess
answered on Oct 26, 2020

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

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1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: My Father was contacted by East Texas land and Cattle out of Texas about a month ago regarding suspense account money..

Suspense account is for unclaimed oil money/mineral rights is in a deceased aunts name, dead since 1988. He said that my Dad and his siblings are heirs and he just sent my dad a consulting agreement that says Dad will pay this company 10% of the gross money recovered. There is a section called... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Aug 7, 2020

You do not give the name of the company, but you are right to be wary of these come-ons. All the companies making these offers that I have run into are scams. You don't need to pay anyone to locate your aunt's mineral interests and get paid. First, go to the Texas Comptroller Website and... View More

2 Answers | Asked in Construction Law, Real Estate Law, Small Claims and Energy, Oil and Gas for Texas on
Q: I received a $1000 water bill for 2 weeks only at my vacant house

Hello, I received a $1000 water bill for 2 weeks only at my vacant house. I did not use any water because I locked the exterior water faucets and interior water shut off valves. When a city private contractor installed a smart point on the water meter, the software went wrong. Then the data... View More

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2020

A Texas attorney could advise best, but your post remains open for two weeks. From your question, it sounds like you're under the impression this is a law firm, because you ask for representation. This is only a question and answer board. Before pouring money into exploring the possibility of... View More

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2 Answers | Asked in Contracts and Energy, Oil and Gas for Texas on
Q: Someone contacted my Father and his siblings saying that there is a suspense account in the name of a deceased aunt

He said it was regarding royalties to mineral rights on land his grandfather owned with his siblings. Its ringing as a scam to me but there has to be some measure of truth to it im assuming since he seemed to have alot of personal information. How can I verify if this is legitimate? Especially if... View More

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 16, 2020

You do not say for how long your aunt has been deceased. Even though it is probably a scam, you can search abandoned property records in Texas or any other state where she might have had any personal property. States have laws that require what they consider "abandoned" or... View More

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1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: The beginning of May 2020 Van Tx hired a contractor to do was work in our backyard and they had hit a oil pipeline.

and a salt water line and it got in my garden and they are not making that right with me. Than last Friday 05/29/2020 Crossfire pipeline contractor came out to spread dirty and my back yard and they damaged our hard top that goes to our 1994 jeep wragner and they said they are not at fault I have... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Jun 8, 2020

One important thing is to document the damages with photos, which it sounds like you are doing. Next, get written estimates for repairs. Finally, send the city a certified letter with copies of the photos and repair estimates and request reimbursement. You should copy the city council person who... View More

1 Answer | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: Who do I locate my grandma's trust docs? Ive talked to one company who confirmed there's a trust, but who do I speak to?

I located an asset being held in suspense, protected by a trust but I'm unsure of who I need to talk to or contact to get the actual documents. What dept handle/holds trust documents??

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Apr 21, 2020

The trustee holds the documents. The bank may not be the trustee.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Im wanting to put a gas powered pedal assist on a bycicle to help me get around is it illegal even tho im still pedaling
Tim Akpinar
Tim Akpinar
answered on Mar 13, 2020

There is no uniform nationwide policy on this. Your post remains open for a month and it's possible that people working in the department of motor vehicles, public safety, department of transportation, or law enforcement (traffic/highway) could be closer to this issue than most lawyers would... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Executor failed to include mineral rights in probate on Oklahoma county. I have copies showing he retained the mineral

Do I need to transfer to my name or us a copy of the land deed showing the retained mineral rights ok

Aimee Hess
PREMIUM
Aimee Hess
answered on Jan 10, 2020

I am only licensed in Texas, but I suspect Oklahoma law may be similar to Texas law in this situation. If the executor of an estate has not included the mineral rights in a deed from the estate to the beneficiaries, and this violates the terms of the will, you need to seek legal assistance... View More

1 Answer | Asked in Consumer Law, Constitutional Law and Energy, Oil and Gas for Texas on
Q: How do you battle a electric utility company and what type lawyer do I need?
Tim Akpinar
Tim Akpinar
answered on Dec 12, 2019

It depends what you're battling them about. Oil spill from one of their fuel barges, you need an environmental lawyer. Right-of-way or easement with one of their power lines, you need a land use or real estate lawyer. Electric bill issue, you need a consumer or business lawyer. Depending on... View More

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Is it legal for an oil company to take your entire revenue check (which is our sole income) with no warning?

Two years ago we, as royalty owners with Pioneer Natural Resources, sold a percent of our mineral interest in Upton County to OneMap Mineral Services LLC. All Division Orders were signed by all parties and money exchanged hands. But apparently Pioneer dropped the ball and mishandled some of the... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Dec 9, 2019

This is certainly an unfortunate situation. Whether or not Pioneer is allowed to withhold all royalty due to you depends on the language of the most recent division order for these royalties that you signed, as well as the terms of the oil and gas lease that you or your predecessor in interest... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: My father passed away intestate (no will), he owned his home, am I responsible for paying his utility bills?

Are his children responsible for paying the light, water, and gas bill? We plan to sell the home once cleaned, but no one is living in the home since his passing.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
answered on Oct 11, 2019

After the Court appoints an administrator, giving that person authority over your father's property, that person is responsible for maintaining the estate.

Meanwhile, you and your siblings may want to keep the utilities on in order to maintain the property in good shape. That should...
View More

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2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: I am a creditor in an Chapter 11 Bankruptcy case . I inherited land which produces / pumps oil. This land was inherited

My question is. Can the Oil Company get out of paying my family it's Royalties?? There's millions owed to us. We are unsecured creditors. How can we become a ""Priority" in this case? Help... Court has been through a 3x's Arbitration(?) Final Hearing is set for Sept... View More

Aimee Hess
PREMIUM
Aimee Hess
answered on Aug 23, 2019

In most cases, an oil company in bankruptcy must pay current royalties to its mineral owners with whom it has active oil and gas leases. Past royalties are often treated as claims against the bankruptcy estate. Whether the claim is secured or unsecured, or priority or nonpriority, depends on the... View More

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1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: What if i was charged for oil changed at dealership and vehicle was not serciced as paid for?

Oil filter and tire rotation 29.99 tires not rotated motor shakes when didnt not do

Before on top of that they advised me they changed hoses when they didnt need to i just had brand new motor put in hoses where brand new they changed without consent

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2019

A place to start here could be to contact a Texas attorney who deals with consumer issues/small contract disputes. The Energy, Oil and Gas section is more about large matters involving drilling rights, mineral rights, etc. Good luck

Tim Akpinar

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