My husband inherited land from his late father. The original survey of this land was done in 1839 that shows 640 acres inherited from his great grandfather and his brother from their mother.
My question is…from this original survey, how could the “division orders” be accurate with the numerous descendants involved when inheriting this land? Our landman had zero answers (or withholding answers) pertaining to this subject.
I strongly believe this whole family has been taken advantage of for many centuries. Yes, centuries as they have leased mineral rights to BIG OIL since the 1920s. I would like to get this investigated/researched as I feel the division of this very large parcel would be inaccurate and I want the family paid as deserved! Anyone have any insight on this? In addition, there are currently a total of about 9 producing and deep wells on this platt. Who regulates these division orders? The railroad commission was of no help. This family I know has been cheated out of millions of dollars of resources. Thank you in advance.
The RRC regulates wells to make sure that drilling and production are in accordance with Texas law. RRC does not determine mineral or surface ownership.
It is the responsibility of mineral owners to trace their title in order to know exactly what the own. This is done by researching the deed records to trace the assignments from the ancestral grandmother through all her heirs to determine the fractional interests of each current owner. Depending on the size of each generation, individual ownership can become quite small. If great-grandfather got 1/2 and then had 5 children, each of then would have 1/10 or 10%. If grandpa with 1/10 had 5 children, then each would have 2% or 0.02. If father with 2% had 5 children, then husband would have 0.004 which is less than 1%.
With a 1920 lease, the royalty rate will be at most 1/8, and perhaps only 1/16. If the well is only on family land, then a 1/8th royalty X 0.004 fractional interest = 0.00050 decimal.
The oil company maintains records with ownership divisions for each producing well and subdivides with each assignment or estate. You cannot possibly know whether the family has been cheated over the years without researching production and sales over the years and looking at their royalty statements. You can research ownership, whether on your own or by hiring a landman, and look at the royalty rate in the original lease to verify your husband’s decimal to make sure he is paid properly.
Texas well production volumes are available on RRC website and sales revenues for each lease is available on Texas Comptroller website. Be patient and calm as there is a lot to learn here. Ask other family members if they have information on ownership to share. Ask how they review their check detail.
Consider joining NARO and going to a convention to learn more about mineral ownership and management.
What exactly makes you say/think that the division orders arent accurate and that your family has been taken advantage of? Its quite a broad accusation for a family that been in pay for decades and just now having a problem with %'s being paid. Do you know what happened with the minerals from 1839 until your husband inherited it? It sounds like you already hired a landman that you dont agree with, in his findings what makes you think he/she is wrong and youre right about “getting cheated out of millions”?
If the family acquired the entire 640 acres in 1839 and not just part of it that will make a difference. Get a copy of all of the different divisions orders. If there are 9 producing wells money to create a family tree by one or more different landmen should not be a money problem.