I need to find an attorney to help me with an ownership/titling issue. Any recommendations? My interests are in Divide County, ND. Here is some background about my situation:
I have a 6.43 net mineral acreage interest in Divide County T161N-R97W Sec 22 SE/4, Sec 26 SW/4, Sec 27 E/2, Sec 34 E/2, SW/4 and Sec 35 NW/4. On December 7, 2010 I entered into a lease agreement with Transcontinent Oil Co. Last week I received a letter from a company named Continental Resources who has been producing oil and gas from Secs 26 & 35 since last October 2012. I have a 1.43 net mineral acreage interest in Secs 26 & 35. Until I received this letter from Continental, I had no idea that there was an oil rig on any of my Sections, that any drilling was taking place or that any oil/gas had been produced and sold. The letter I received from Continental includes a Division Order that states “your interest will remain in suspense until the attached title requirements are satisfied. The attached title requirements are:
“As of October 19, 1977, (my mother) was the owner of an undivided 0.446428% mineral interest in Tracts 3 and 5. There is nothing of record evidencing any further conveyance or disposition of (my mother's) interest in Tracts 3 or 5. However, appearing of record is an Oil and Gas Lease dated December 7, 2010 recorded January 18, 2011 as Doc # 254771 (“Patricia Lease”) whereby Patricia C. Jones (me) purports to lease her interest in Tracts 3 and 5 to Transcontinent Oil Company. The “Patricia Lease” is problematic because the Abstract contains no instrument that divests Martha of title, or vests title in Patricia. The Abstract does contain an Affidavit of Death and Heirship that identifies Patricia as Martha’s only child and that Martha was a widow. Although the affidavit identifies Patricia as the apparent recipient of Martha’s interest, it does not convey title.” (My mother died in September 2008. She had a Trust but she never thought to put her mineral acreage ownership interests in her Trust.)
“The question of how Patricia became vested in this interest presents a gap in the chain of title. For purposes of this Opinion, we have identified Patricia as the owner of this interest, and her interests as leased. However, curative title action is necessary.”
“This gap in the chain of title could be cured by recording (a) a deed or deeds divesting Martha Jones of title and vesting Patricia C. Jones with title; (b) a Personal Representative’s Deed of Distribution divesting the estate of Martha Jones of title and vesting Patricia C. Jones with title (cures only an administered estate); (c) A Decree of Distribution in the estate of Martha Jones, deceased, filed and accepted by a North Dakota court (cures only an unadministered estate); (d) an Order Determining Heirs in the estate of Martha Jones, deceased, filed and accepted by a North Dakota court (cures only an unadministered estate); or (e) a Declaratory Judgment of Quiet Title, in favor of Patricia C. Jones. We note that affidavits do not convey title in North Dakota.”
“Requirement: Proceeds of production attributable to Patricia C. Jones should be held in suspense pending the curing of title identified above.”
Does anyone know the name or names of any attorneys that you may highly recommend to accomplish the above for me? After doing some Internet research I have come up with the names of 3 different attorneys that I believe handle these matters but do not know anything about them. They are:
David Hermanson, oil and gas and real estate attorney in the Williston office of Vogel Law.
Fred Rathert with Crowley Fleck (701) 572-2200
Elizabeth Pendlay, Crosby, ND (701) 965-6036
Also, any other information anyone may have regarding the above would be appreciated. Thank you, Patricia Jones