I just uncovered some mineral rights deeds my grandfather signed over to my father in 1966. Two of these deeds were for a parcels in Mountrail County and Renville County. My father is now very elderly and remembers very little about any of it. Apparently mom took care of most of this stuff and unfortunately she passed several years ago, before any of this came to light. My brothers and I are trying to figure out exactly what we have. I believe the first thing we need to do is determine if the deeds are in fact valid. None of us live even close to North Dakota and even if we did, I'm not sure we would know how to approach this issue. I am looking for any help in researching the deeds. Are there people in North Dakota that perform this service? Is a mineral deed treated the same as a real estate deed? Obviously, we are new to the whole oil and mineral area, so any help/advice would be appreciated. Thanks.
Ron, People do this for a living. These "landmen" come in both sexes and they research this very thing. For greater exposure post this again to the front page of this website with a heading like "Seeking a ND Landman". Because of the activity most landmen in ND are fully employed, though you can probably find one wiling to check your records for a fee.
Two things quickly come to mind;
1. Was Grandfather's deed recorded? A quick way to know is if you see a "Book & Page" stamped on the deed. If the same deed covered minerals in two counties there should be two separate book & page numbers stamped on it.
2. North Dakota has a law for 'abandoned' mineral rights. If there is no activity (deeds, leases, production, or statement of claim...) on the minerals for twenty years the surface owner can claim those minerals for themselves. There is a series of steps they must take which includes attempting to locate and contact the mineral owners. So if Granddad's 1966 deed was recorded, but there has been no action since, it's possible / likely the landowners may have taken title to your Dad's minerals. The only way to know is for you (or your landman) to check those county records.
Two steps to do now. Go to the North Dakota minerals website www.oilgas.nd.gov and search for their abandoned minerals law. They'll have a form there which you could print off in order to file a "Statement of Claim of Mineral Interest". You (your Dad) need to fill out one for each county and quickly send them to the appropriate courthouse with their filing fee ($15.00 / page?).
IF your minerals were not already claimed, this put your Dad's interest of record and protects it for 20 years from the date it's received. The "Statement" is a simple document. Essentially all it requires is the County Name, the minerals legal description, and the owner's name and address. Though they must be notarized before you send them in to be recorded. If the minerals were claimed you're out the cost of the postage and the filing fees.
Second, promptly seek a landman to "run your title" to learn if they're still owned. Start with Mountrail County since it was one of the first to take off with the Bakken drilling. This is about all I can offer you. You have incentive to act quickly, especially in filing the two statements. Hope it all works out for you. Good luck.
I'm not exactly sure who to reply to, but I certainly appreciate your information and advice. I will get right on the Statement of Claim of Mineral Interest. Thank you again.
Ron Ruffin