When a party files a Quiet Title, is it implied ownership? The reason I ask…I have a lease from 1952 or 53 on some minerals. In the description of what is being leased, is different from what was listed in a quiet title, filed with the courts. I am trying to track down the original deed, but in the interim, attempting to acquire as much information as I can. Thanks!
If you have been served in a quiet title lawsuit, you must file a response within the required number of days to preserve your rights. It can just be a general denial, not proof of your ownership. An attorney can best advise you to get the response filed properly for court purposes. What state is involved?
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Thank you for your response. This is for New Mexico. I am just trying to wrap my head around the idea. My question is more to the idea that, anyone at any time can just quiet title suit? Why would a court entertain such action, without some legal basis? I sold an ORRI and when the quiet title was done, there was more on the claim than what we were made aware of. Here is what the oil and gas lawyer said:
They cannot create a nonexistent ORI through a Quiet Title action. The court confirms title, it does not create title.
So if that is the case, did the court confirm title? Thanks again!
Wouldn’t who ever is filing the action, have to have proof of deeded minerals? Meaning that “if” they are claiming to be the rightful owners of say an ORRI, wouldn’t they have to have some legal documents, supporting at least one party HAS ownership?
See article describing use of quiet title to fix title issues. It is not possible to give an explicit answer without reviewing the claims, deeds and documents pertaining to a specific situation. As to an ORRI, perhaps the issue is whether the party, being a lessee and not a mineral owner, had the proper legal title to the lease or well to be able to create the override. Or perhaps whether someone actually owned an ORRI and had the legal right to either claim the royalties or to sell the ORRI. Generally, a mineral owner could create an NPRI to burden the minerals or sell all or a portion of the royalties under a lease, but these are not overriding royalties. Title can get very complicated as to all the parties and what fractional interests they own.
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Yes, anyone can file a quiet title, its not cheap and a person/company doesnt go through the hastle of filing it for shits and giggles, they did their research and feel they own something. An ORRI is carved out of the Lessor (person that took the lease on the minerals) and/or whomever they assigned their interest to, not the mineral interest owners.
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Thanks for the response. The reason I ask, is we had an ORRI, from 1951 BLM land, that was described to us 1 way, but the quiet title filed, is quite a bit different, like a difference of 7 figures. I have had an oil and gas lawyer look at it, and he disagreed with the description in the quiet title, but then said, “that the courts confirm the titles.” Thanks again!
If you have already had an Oil and Gas Attorney review the QTA, why are you asking advice in this forum on the issue. If you want to challenge or defend the position, you need to retain legal representation.
This is a discussion board, no? He wasn’t reviewing it, for any specific purpose related to this. He just simply stated his opinion on it. He did not have the original title, so I was just asking opinions.
His “opinion” was not what was filed. My question was more to, “how” could an attorney at a large law firm in San Antonio, just file this QT? And it be inaccurate? Wouldn’t a lawyer require legal documentation, to support such an action?
QTA’s can be filed for a multitude of reasons. The complaining party has to make a good faith argument to the Court to require the Court to enter a finding as to ownership. You may not believe the issue is valid, but you will have to answer the complaint in order to protect your interest. You should consider retaining legal counsel.
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What makes you say with conviction that the party filing quiet title doesnt have legal documentation to support their case? Its possible and likely that you and your attorney dont have the full picture? A quiet title suit it quite complex, so its impossible for anyone on here to give you sound advice as theyd have to spend days looking at the chain of title. Due to you being impartial to your claim, theres no way of knowing what the other side is claiming and who has the best ground to stand on. The only way for you to win is to hire an experienced oil and gas attorney, from the little info given on the one youve been talking to, Id personally look elsewhere.
Thank you for your reply!
Thank you for your reply. The helps a lot. I was more confused by the process. There is a lot I cannot discuss due to NDA being signed. My assumption, was that a purchasing party would have to have title or some kind of legal description of what is being quieted, in order to do so. A lawyer, in a large law firm, would require some kind of legal documents, before submitting to the courts?
Im not sure what you mean by " a purchasing party would have to have title or some kind of legal description of what is being quieted and would require some kind of legal documents, before submitting to the courts"? From what youve said, the quiet title is already happening, so there would be legal descriptions defined in the “lawsuit”. As far as legal documents, you would have to look at every single conveyance made covering the interest(s) and have an indepth knowledge of how title works to determine whom owns what. Just because you have a deed/conveyance in hand stating whatever they were conveying does not mean its right, so you cant just take that conveyance into you as gospel and assume the other party is wrong bc of what your vesting document says. You need to hire a very experienced oil and gas attorney specific to the area.
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You seem to be struggling with this issue, so I will give you the same advice that I have provided many of my previous management clients. You need to consider the economic impact, then get the appropriate professional involved to provide advice on how to proceed. Because you are struggling with the basis for the QTA does not mean the pleading lacks a proper basis. You truly need legal counsel especially since you just disclosed that an NDA is somehow related to this QTA proceeding.
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Thank you for the reply.
Thank you for your reply. Very sound advice. I appreciate everyones response and I was not trying to be frustrating, just trying to save a few $$$ on fees. Thanks again!