Is it worth the legal fees to stake claim to mineral rights?

Ownership and Title
1

i tried posting on wood county, tx group area first, but it is a really small group...

the land is located 26 miles above tyler texas and just to the west, the closest town in mineola.

recently found out that my deceased great grandfather was one of the original land owners of the Rock Falls Lake. property long sold but family kept mineral rights. this would have been handed down thru the family over the years. my deceased mom would have had direct heirship to this but for whatever reason there was no probate when her mother passed. my mothers brother is still alive and under a lease agreement with weber for same property, however my mom has been somehow cut out of the loop and her name is not listed on any documents.

my real question since i dont really know about the area or the minerals and it appears there is no well activity on the property do i spend the 7500.00 with an attorney to "stake" my claim to the mineral rights?

i know this is convoluted but any help on the area would be appreciated.

2

Mark:

I know this area fairly well as I conducted inspections in Wood County for about 8 years. West of Mineola, the oil production area is in Alba, which consists of numerous oil wells and operated by Basa Resources. If the area is directly West of Mineola, little to no production exits. If you could be more specific as to the exact location, I might be able to advise you further. The only problem is that no new drilling has taken place in this are to the West of Mineola in years.

3

Mark,

How many net mineral acres are we talking? That's important in determining whether or not to employ a lawyer.

4

thanks for replying, the area is actually to the east of mineola about 5 miles and 1 mile north of 80. the rock falls lake is and was privately owned as a common use area. meaning you owned your home but the land and lake was held jointly with the original 20 or so families. my uncle's lease states 480 acres, i am assuming it would be evenly split in terms of rights.

5

Mark, there may be something there but it may never be drilled in your lifetime. If the 480 acres is gross and not net, meaning that you have brothers and sisters, aunts, uncles, cousins,and the heirs of anyone your family members married in earlier generations as possible heirs, there may only be 1 acre left for you. I hate to say it but the answer is probably not.

6

Someone else chime in if I'm out of bounds here, but why do you NEED to stake claim? There's no need to prove ownership until the day someone does want to lease or buy the minerals and in practice that's exactly what a landman does. If a company wants to drill the land, they'll find the owners or at least spend money trying.

I wouldn't spend a dime to prove they were mine until I knew they had value. When did your uncle lease? How much did he lease for? I'd contact Weber first and ask what they would need to prove ownership. It could be something as simple as a death certificate.

You'll know the minerals have value when a landman knocks on your door. Until then, I'd make the same assumption as R.W.

7

Mark:

The area you are referring to is near the Hoard Road exit on Hwy 80. There was a dry hole drilled in that area around 1999. I believe it was drilled by Energy Production Company. Energy Production operates numerous oil wells about 6 - 7 miles to the North of this area in the Neuhoff Field (Haynesville, Tx). This well was drilled on the outer boundaries of the Neuhoff field as sort of test well. No other wells come to mind around the area you are referring to. I would advise you not to spend any money for an attorney.

mark thomas said:

thanks for replying, the area is actually to the east of mineola about 5 miles and 1 mile north of 80. the rock falls lake is and was privately owned as a common use area. meaning you owned your home but the land and lake was held jointly with the original 20 or so families. my uncle's lease states 480 acres, i am assuming it would be evenly split in terms of rights.

8

thanks for the info, the land has been leased numerous times over the last 30 years or so but never drilled upon. the latest lease as found in county records show weber with a nominal front end payment ($10), lease good for 3 yrs from 2009, renewal rate at 175/net mineral acre, if found get 1/5.

based upon what i am learning its not really worth anything......really small piece of the total pie....thats not made yet and really dont know what flavor it is and it may never get made.

thanks again.