my family lost half of their mineral rights in a questionable deal with Agave Natural Resources. It was presented as a royalty lease and now they own half of our rights. I need to consult with someone in Colorado to ensure that I am actually getting what I should be getting from the remaining rights. I just received a tax bill from Reeves County for the entire amount even though I now only own half. The land is in Reeves County Texas but I live in Colorado.
I am willing to pay a professional to help me sort out what I really have. Any recommendations?
Welcome to the forum.
The Directories tab above has several TX attorneys that may be able to help you.
Also do a search in the upper right for the royalty lease scam. A number of old threads on this topic.
I recommend you contact Wade Caldwell for a consultation and go from there.
So sorry this happened to your family. Getting legal counsel is your best step.
This was going on to the point that Texas attempted to address in Sec. 5.152. CERTAIN PURCHASES OF MINERAL OR ROYALTY INTERESTS VOID. (a) This section applies only to the conveyance of a mineral or royalty interest by an instrument that: (1) is presented to the owner of the interest by the person acquiring the interest; (2) is titled an oil and gas lease or an oil and gas royalty lease or has other words in the caption or other prominently displayed label that indicate that the transaction is a lease of a mineral or royalty interest; and (3) has the effect of conveying, permanently or for a term, all or a portion of the owner’s: (A) mineral interest in lands covered by an existing oil, gas, or mineral lease; or (B) royalty interest in production from an existing oil, gas, or mineral lease. (b) This section does not apply to a conveyance of a mineral or royalty interest by an instrument that: (1) is an oil, gas, or mineral lease; (2) conveys a mineral or royalty interest for a term; and (3) provides that the interest conveyed vests in possession after the expiration or termination of all or a portion of the interest conveyed by an existing oil, gas, or mineral lease in effect at the time of the execution of the instrument, commonly referred to as a top lease. (c) A conveyance instrument described by Subsection (a) must include: (1) a conspicuous statement printed at the top of the first page of the instrument below the caption, if any, in an approximate type size of at least 14 points and in substantially the following form: THIS IS NOT AN OIL AND GAS LEASE. YOU ARE SELLING ALL OR A PORTION OF YOUR MINERAL OR ROYALTY INTERESTS IN (DESCRIPTION OF PROPERTY BEING CONVEYED).
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Thank you very much, I did get legal counsel and we were forced to go to mediation by the terms of the scam contract. Our attorneys told us that we should settle for a 50/50 split since a trial would add another $200,000 in legal expenses and previous similar cases were decided in favor of the scammers. In short, if you signed it you are stuck with it. We settled but feel ripped off. Not really sure where to go from here but beware of Agave Natural Resources.
I believe that these fake contracts are void but only those signed after a certain date. Ours was one of the earlier ones from 2015
to answer your original question, you actually need somebody in Texas, where the land is located, not where you are.
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