Left Out of Lease

We were recently made aware of some mineral rights owned by my dad in Eddy County that we didn’t know about. He died in 1993, and his larger mineral rights were transferred to my mom shortly thereafter. This smaller piece is approximately 5 acres in a different section and would still be in his name on the county records. It is located in the NE quarter (B) section 18, Township 23S Range 28E. Novo drilled a well two years ago that encompasses this acreage. Nobody in our family was contacted and we have a very unusual name and wouldn’t be hard to find. We also have not received any royalties. A landman contacted us about purchasing it which is the only reason we knew it existed. After purchasing the deed records online, it is pretty clear that we own the mineral rights to this approximately 5 acres.

So, what exactly is my recourse here? Obviously, we will contact an attorney in Eddy county, but is there anything else we should look into or someone to contact at the county or state level?

have you contacted Novo and send them the records in question?

Maybe your legals aren’t correct, but pretty sure there are not any wells in the NE/4 of Sec 18 of 23s28e. There are Novo (Permian Resources, now) wells in 23s29e Sec 18.

Having someone do a deeper dive on the deeds. You appear to be correct, but the OCD site lists the bottom hole of the Ovation well in 18-23S-28E, but the lease in 18-23S-29E. So, I guess that I am mistaken and the land is still unleased. Thanks for the input.

Contact the Division Order department of the operator and ask why you are not in pay. They may be holding you in suspense. Also check for unclaimed funds with the Treasurer’s or Comptrollers office in NM (or the state where your mom and dad lives). Check under both of their names.

Honestly I think this issue is too complex without a court ruling on the deed.