I want to give thanks out there to all the knowledgeable people out there in their trade that have been sharing with those that don't understand the industry or it's practices! That being said..........Maybe someone can explain the process of how an Oil/Gas/Mineral Co. acquire an "Abstract/Title Opinion" and why they would be un willing to share this product with their customers i.e. Mineral Owners as a courtesy or good customer relations when it's asked for? I would think logically speaking, that just for future negation purposes alone and how easy computers file and retrieve and cross reference documents that to create an email to a customer and add as an attachment that this task would be somewhat easily performed? And like all company's, that they usually build into their business practices a method to pass these expense's down to the customers in some way shape or form which would mean WE paid for this product? Thanks Again for ALL the wonderful help you all have given us and have a wonderful "New Years"!
Derek, Abstracts and the many types of Title Opinions are very expensive legal documents. Unfortunately, companies are not legally bound to share these documents with royalty owners except for informing you of your division of interest and paying you accordingly. You will have to legally prove your mineral interest if your records show a different percentage of interest than what a division order shows or you believe you have a mineral interest that is not included in the divisions of interests of well(s) drilled in your unproven mineral acreage section(s). I would suggest hiring a landman/woman or attorney to perform a mineral owners records search for you and if they prove you do own the mineral acreage's in question have an attorney present the findings to the Oil/Gas Company and Oklahoma Corporation Commission who is relying on what you believe is an erroneous division order title opinion. Now, you have to legally prove your interest, so you may have to have an attorney legally prepare title curatives (remedies) that will clear any cloud(s) (defects) on your mineral title ownership deed(s). This may be somewhat expensive, depending on how much work is involved with the legal remedies which will "cure" your title defects "clouds". However, if the minerals that you believe you own are in an active drilling area you will be highly rewarded for your due diligence.
Thank you again Martha for your help in understanding the system and giving sound info on the way thing work, it is helping us all on how to connect the dots to create a picture of what we need to do. Derek, "Happy New Years"!!
Derek, Do you have a recorded mineral deed or quit claim deed and/or a lease(s) that your mother or our family members signed and/or do you have any letters sent by oil and gas companies or lease brokers offering to lease the minerals? Also, do you have any division orders which are legal documents that may have been signed and/or check stubs for royalty percent of production payments received? Also, any last wills and testaments and/or estate probate documents where the minerals have been listed for inheritance. Whatever you can find, even a scrap of paper with a legal description and/or book and page (BK # and PG #) of a recorded mineral warranty deed or quit claim deed , an assignment of a working interest written down could be a starting point. To answer your question about NPRI: When a mineral owner signs a lease for all of their mineral acreage in a drilling unit they give up all their legal right to participate with a working interest (WI) in well(s) drilled in that drilling unit and the terms of their lease will determine their royalty interest (like 3/16ths), so from that point on they would have a non-participating royalty interest (NPRI) in the well(s) drilled in the drilling unit until the last well dies and there is no production coming from the drilling unit (there's more a lease determines, but it's not important until you find your minerals). However, if they legally own the minerals, didn't sign a lease, were not forced pooled, did not elect to participate and do not have an assigned working interest you may have been denied the legal right in the process of drilling well(s) in the drilling unit and you would have a working interest (WI) in the well or wells, but you will have to pay all costs associated with the wells or wells before you are entitled to receive any production payments for sale of any production that comes or came from the well(s) and this is a legally complex process which I will not go into right now. Otherwise, if you don't want to participate with your new found working interest you then have the legal right to negotiate with the operator to lease or a third party to assign your mineral interest and receive a bonus payment for leasing and percentage of royalty (division of interest) or an overriding royalty interest which is a higher royalty percent of production but no bonus money and you may also have money from production held in suspense by the operator or in unclaimed properties by the state of OK that you are entitled to receive. However, you must first and foremost find out if you legally own (prove chain of title) any minerals, where the minerals are located (legal description) and how many mineral acres you own, so that's why I suggest you have someone 'run the records' for you. Did you call attorney Charles McBride in Stillwater? I just called his office and asked if they know of any local land person who might be able to help you. I'm currently living and working out of state and can not help you run the records. You might also call the court clerk's office in the county where you think your minerals are located and ask them if they know of any land person and local attorney that can help you.
Derek, In my experience in Payne & Noble counties, so much of the information is still in dusty, hardback books in the county offices. I have had to go in & pull records from them & it is very tedious. If you buy property & have the abstract brought up to date, supposedly they go thru all of the old records to make sure transfers for that property are recorded. It is around $3/page I think for the title company to do it. You might be able to find someone from a title company in Stillwater to research for you.
Derek, Attorney Charles McBride in Stillwater, OK just returned my call and gave me the name of a landman: Monte Hoffman phone # 405-842-1930. I have never used Monte Hoffman and I don't know what he charges or if he charges by the hour or day, but just finding someone to help you right now is a blessing. Good Luck
Thank you Martha, I do have a "Mineral Deed" in my name that was signed over to me and recorded in Payne County on Feb 5th 2002 which I have been sent a copy of from an attorney, William Ahrberg that I retained shortly after I signed a Division Order. I was not sent any Lease paperwork or told if this division order was negotiable, can I get a copy of the lease for the division order I signed? I do remember them saying that it was a pooled order from court. My division order said, Type of Interest, "R" and decimal interest 0.00292969. My Mother had thought she signed it all over to me, the area is: E/2 SW/4 SEC.12 T18N R2E. I was asked shortly after I received my first check arrived if I knew of my Moms name and I explained yes and they said she also has interest in said property which started all the confusion since we thought she had transferred it all to me. Her Division Order was also type "R" and decimal interest is 0.00349898. Both, TRUEVINE OPERATING LLC. and SUPERIOR PIPELINE LLC. are currently paying us both but the last paperwork I saw for 2002 said ROBERTSON OIL COMPANY INC, type of interest "RI", decimal interest was 0.02343750 which was much higher. I'm not sure what the leases were going for around the area but our interest seems really low for having 80 acres undivided interest in said property. When I made a search on the Payne County Recorder Site for my Grandfather it came back with a strange recording called an "AGREEMENT" with him as the Grantee in the year 1981 from 3 individuals but he passed away in year 1953 and my mother was the executor of his will. The Estate did go through Probate in 1954 but could the "Agreement" in 1981 be something that my Grandfather was given back to him and since he has passed away it hasn't been found and petitioned for by my mother? We are hoping our attorney will resolve ALL the loose ends in a manner that will reflect the issues I've been reading about on this forum. Derek
Thank you "Go Fast" I will wait until our attorney completes his work. I have asked for Certified copies of anything that shows the "Chain of Title" for us but not sure if there's other interests that were given back after my Grandfathers death to an estate that was already probated and not transferred into our name? Is that even possible if after someone that my Grandfather had an agreement with and after their death their heirs read that the will stated that the property or mineral interest was to be returned to him. Then their estate filled out a transfer of title deed back to him after his death? This stuff is so confusing because why would there be an agreement to my deceased Grandfather in 1981 when he passed in 1953?
WOW, thanks Martha for the lead! I will retain his ph.# to help if my attorney is less than complete of our wishes.
Derek, I'm not sure you can do anything about the your mineral interest set forth in the division order, because you have already signed it which basically means you agree with their percentage of interest they are allowing you. However, you really should get to the bottom of all this and I'm surprised your attorney hasn't helped you more. Is he an oil and gas attorney who is familiar with OK oil and gas law and the Oklahoma Corporation Commission rules and regulations? Well, there's only one way you will ever enjoy what is yours and that is to get the court clerk's filed records to legally prove what you own. I hope landman Monte Hoffman can help you.