Mineral rights division

[Debby]

you inherit total of 10 acres and 1/2 belongs to another family member which leaves you with only 50% of the ten. the family member sells their 50%
where is the line drawn on the mineral 5 acres remaining how or who makes that division determination if the 50% owner doesn’t want that 5 acres left, what happens does 50% owner of the remaining have any remedies

[TennisDaze]

Mineral rights are divisible into fractions owned by multiple people who do not have to be related. If you and a relative each own 1/2 of the same 10 acres of minerals, then you own 1/2 minerals in 10 gross acres, which is 5 net mineral acres. Either owner may sell, with no effect on the other owner. Just as they can each lease separately to the same or different companies, and on the same or different terms.

There is no reason to divide the 10 acres into two separate 5 acre mineral tracts. Ten acres is not sufficient to drill and the acreage will need to be pooled or combined with other tracts for a well.

[AimeeHess]

Debby: in Texas at least, with the facts you describe, you are an undivided one-half interest owner in the entire 10 acres. You don’t own a specific 5 acres on the surface, although you do own 5 net mineral acres. If you wanted to divide up the surface, you would need to have the surface surveyed into two parcels, and then ask the other owner to agree to a written partition which is then filed in the county deed records, or you can file a request for a partition with a court having jurisdiction of the property. As TennisDaze suggests, there may be no reason to partition the minerals, but as is often the case for issues like this, we can’t give you legal advice, so you should have an oil and gas attorney review your specific situation and advise you before you make any decisions.

[M_Barnes]

You have an “undivided” interest in a certain description of mineral acres. Your acres do not have a specific location within that description. Your deed or probate documents may say something like “5/10s (or 1/2) undivided interest in the NE4 of the NE4 of the NE4 of section so & so”. Most descriptions are an undivided interest.

Every once in a while one will have the word “divided” in it and then it will have a very tight description of where that acreage lies. (Might be tied to the old farmhouse and gardens around it). If the acreage is “undivided” then each owner can do what they wish with it. If the acreage is “divided”, then get help from an attorney to properly divide it with the correct new descriptions.

Your percentage of the royalties paid will be calculated in relation to the spaced acres of the drilling unit and the royalty percentage that you choose.