I found out when a land agent came to me to lease my mineral rights for EQT, that they realized that I was the legal owner of the mineral rights. It seems that the assessor sold my mineral rights under the previous owner’s name because she didn’t transfer it over from my deed, when it clearly was on the deed. This was my first property I owned with mineral rights. So, one day while paying my taxes I asked if the taxes on the mineral rights was included in with the property taxes. She left and came back with a new tax receipt with the taxes for the mineral rights on it saying it was probably missed. She didn’t tell me that they sold it to Black Rock or what they had done. So, since 2009 I have been paying taxes on my mineral rights and I had no idea what had been done until this land agent shows up for EQT. EQT drilled a Marcellus Well with 2 lines through my property and is paying Black Rock instead of me. All the lawyers I talk to around here are tied up with Black Rock and EQT saying conflict of interest. Where do I find help? The Lawyers I talk to tie me up for months at a time then, oops I can’t help you conflict of interest, or I don’t have time, you might want to look for someone else after having all my paperwork for months. I even paid a land agent who tried for months working with EQT who concedes that I own the mineral rights but won’t release the royalties owed until the deed is fixed at the courthouse. How can I get help when nobody seems to want to help me?
Which state are your minerals located in?
I am in West Virginia
I don’t know of any O&G attorneys there off hand. I’ll ask the ones I use to see if they know an attorney there that they recommend
From what you have written, it seems you may need some title curative work; although, that is still difficult to determine with what has been written. EQT should be able to provide you with a copy of their title requirement related to your interest from their Division Order Title Opinion. This may hay help you find an attorney and narrow the scope of the legal work. You will still have too deal with the conflict of interest issue, but the title requirement will help you be more focused.
Hello, Gary. Having spent the bulk of the last ten years in WV doing certified title work I have seen similar scenarios play out quite often. If the landowner you bought from also owned the mineral rights in fee, then there should not be a separate tax ticket for the OGM rights as it is not severed from the surface. However, we need some more details. Is/was there a shallow well producing on the property prior to EQT’s development of the tract? This is important in knowing if a fee OGM interest was sold for back taxes, or if a production ticket was sold for back taxes. If all of or a portion of the OGM was not severed from the surface, and was sold erroneously in the name of a non-owner is void. What you are describing, if you have a valid argument I do not see why EQT would not put any royalties associated with the tract in suspense due to cloud on title. Any attorney is going to be reluctant to take on EQT and other large companies unless the net acreage you own is significant. Even if the assessor is in error, this would likely require a Quite Title Action to get EQT to put the interest in suspense pending the QTA.
What county are you in? Happy to help, but need more info.
Sorry for the delay. Tyler county. Yes there was a low pressure well on the property that I recieved free gas from. according to my deed I was also to recieve royalties from. When I purchased the property they told me the free gas was worth more than the royalties.
You may want to take a look at the oil and gas since many leases provide for the FREE use of gas (there may be other limitations) to the landowner. Therefore, this free use would count against the gross sales volumes and proportionately to the sales due to you as a royalty owner.
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