In 2005 we leased our minerals to Petro-Canada, which is now Noble Energy. In the lease we did NOT warrant title. They drilled a number of vertical wells and we have been receiving royalty payments for almost ten years. Recently, Noble drilled and completed 6 new horizontal wells under the same property. I called last week to check on division orders and was told that revenue will remain in suspense until I cleared a title issue steaming back almost 80 years. They said a previous owner died in 1938 and his estate was never probated and had no Personal Rep. Should the drilling title opinion for the previous wells not cover the new ones as well? And since I didn’t warrant title, should it not be Noble’s responsibly to clear title? What do I do? My parents sold the farm in 1959 and who they bought it from, I haven’t a clue. I have taken care of both of them throughout their lives and I am the only heir. The have both passed. My father in 1985 and my mother in 2014. Noble said there was no question of title from my mother’s trust to mine, it’s from the owners death in 1938 that is the issue. Help!! Thanks, Rob P
Sounds like you need to call an attorney and discuss quiet title action on the property.
Thank you, Is that a lengthy and expensive process?
"And since I didn't warrant title, should it not be Noble's responsibly to clear title?"
If it were me, I would accept proving title as being my responsibility since it is I who wants the revenue "out of suspense." I suggest that you first "do" a courthouse search on the previous owner. Then a quiet title would be in order. Why don't you call an attorney in whatever county property is in and ask him about the process and his cost?
Good luck,
Pat
You can find out previous owner through county tax records.
But they already have a clear title opinion from the existing wells. I do not understand why these would not be covered under that opinion. Same legal discription.
Hi, Rob -
You would think that 80 years would have cured any title issues, but every State's laws are different.
What State are your interests in? If it's Texas, I know some really great Attorneys I can recommend.
Ask Noble for a copy of the Title Opinion or at least the part of it regarding their title issue and Requirement. It should include recitals setting out the circumstances and why the Examining Attorney made the Requirement.
Then take that to an experienced Oil and Gas Attorney.
Hope this helps -
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
Thank you Charles. I am in Colorado. I found out some additional information today. I was able to review the books from the title company and found no ownership question. The issue is, when the gentleman passed away in 1938, his widow gave my mom and dad a warranty deed, and should have given them a Personal Representive deed. Noble is still working on the issue and I hope a resolution is sooner rather then later!!
In all fairness, I should tell you that I am not an Attorney and advise you to contact one.
But, was his widow his only Heir or Devisee?
If so, then under the Doctrine of After Acquired Title, title should have cleared into you upon completion of his estate: Under her Warranty of Title, ANY interest in the property (land, minerals or royalties) that ever comes to her or her heirs immediately zips through her/them and vests into you.
If he had other or additional Heirs or Devisees, then you may have to run out all those people to their present day heirs or ownership and obtain Deeds or Quitclaim Deeds from them.
For every person beginning in 1938, you could end up with up to a couple of dozen names today. You will need to either hire a Landman or learn how to research Public Records yourself.
If you need me to suggest a Landman, accept my invitation to become A Friend on The Forum and I'll send you his contact information privately.
Hope this helps -
Charles