First, please forgive me for my naivety. My wife just received a Division Order from Endeaver Energy. We understand what it is, however we have no basis of knowledge to base a decision on whether to sign. She has NO records regarding this property. She remembers that her family is “from” Le Mesa area and owed land.
What we would love help with is:
How do we find out who the other interest owners are>
What is the projected production value?
The despription is: Davison “41” #1; Section 41, Block 41
Posting a state and county would be helpful so forum owners from the area can help you find that data.
The first thing you can do is contact the Division Order analyst for Endeavor and ask for a copy of the paragraph of the title opinion that pertains to your wife. Tell them that you have no record of ownership and need to update your files. They have done an extensive title search and ascertained that she is an owner. However, sometimes they are wrong, so it is good to get a copy of the record and see if the names ring a bell. You can also ask Endeavor for a copy of the lease that pertains to that well. They should have it or can give you the book and page number where it is filed so you can pull up a copy (digital files only go back so far, so that is why you ask for a copy from them.) Ask the DO analyst for your “net acres”. Once you get that information, you may want to do a search on unclaimed funds and see if the state is holding any other funds for her based upon that ancestor.
After checking I find that Davison ‘41’ is in Section 41/Block 36T4N/A-191/Martin County, Texas. API 317-37440(Davison ‘41’) was completed on Feb. 19, 2012.
I inherited royalty property that I wasn’t aware of until it started producing, and consequently received a tax notice for that property from the county tax assessor in that county. I had funds (about $28k) held in suspense until I signed the division order. A couple years later, I decided to sell 1/4 of my holdings in that piece of property, and as a result of the title search it was determined that I owned more interest than the operator of the lease was paying me for. In my case, it was fortuitous since I had more royalty after the sale than I did before. That said, it would have been better had I known about the correct royalty interest earlier. Bottom line: If your wife’s interest is significant, it might be worthwhile to hire a landman to determine your holdings.
Go to TexasFile.com and you will find all the info on your property. The oil company that sent the division order is under strict guidelines so it should be correct. The company has a landman that does the research needed to locate mineral owners. Good luck
Realistically, you need to hire a landman to verify ownership and confirm it corresponds with Endeavor’s division order. Other than running the title yourself, that’s your next best/cheapest option. If you need any recommendations, I’d be happy to provide some names. Just PM me on here.
I can provide some information on this matter. 1st the land was owned by my grandfather and he sold it to Davison, He retained a 1/4 severed, undivided and non participating Royalty interest for himself and his hairs, he had 2 daughters both have past. so now it pulls down to 4 children on one daughters side and 3 on the other daughters side. we contacted Endever. back in November and Division orders were sent. the other three siblings question is it seems that they are dividing the fraction against the lease, and we interpret the lease should not effect the fraction. we have copys of the original warranty deed and this is how it reads.
SAVE AND EXCEPT Grantor herein, GRANDFATHERS NAME, does hereby reserve and retain unto himself, his hairs and assigns, an undivided one-fourth ( 1/4 ) interest in and all of the oil royalty, gas royalty, and royalty in casinghead gas , gasoline, and royalty in other minerals in and under, and that may be produced and mined from the land above described. and it is further understood and agreed that notwithstanding the grantor does not by these presents acquire any right to participate in the making of future oil and mining leases on said land . the 160.3 acres.
the question is why are they dividing into the lease and are they correct in doing that?
your feed back would be vary helpful .
I have a few mineral acres in Martin County TX. XTO has completed a Horizontal well. I received my first royalty check but I have not received a Division Order. This well’s length is approximately two section long. The entry point and terminal point are not on the 1/2 section in which my mineral acres exit. Does the TXRRC require the oil operator to send me a Division order?
Thanks, Ben
Hi all. I am trying to find out and please excuss my ignorance. I have listed the wording of my grandfathers warranty deed above and Im trying to figure out if the fraction in the deed is a floating or fixed fraction.
You can’t tell from just what you’ve posted. Usually there is additional language further on in a WD that mentions the Grantee must never sign a lease for less than the customary 1/8th, if that’s not there, that could be problematic. Also, there may be Correction Deeds besides that WD that further clarified the interest being retained; that was a very common occurrence.
Thanks. This is what worries me. The % looks correct, but I am concerned about cashing the cash until I see the division order. Cannot get them on the phone so I guess the other option is to send them an email.
