We inherited a bunch of mineral rights about 20 years ago. There are 3 different locations that were signed over to us from the trust, after the first major round where we got lots of properties. On these, 3 locations, we got all the acres. The trust was signed by the trustees and we got the mineral rights. The trustees, 15 or 20 years later did not realize those 3 locations were signed over to us already. They had signed another document where my wife and sister got 1/9 of what they thought was left. There were like 4 locations on the last document, and we already owned all of the 3 of the 4. My question is, when they signed them over to us the first time, they were already legally ours, that would override what they did later would it not? The trustees are my wife’s uncles. I told him about it after they signed the second document. That we owned and had been leasing 3 or the 4 for years! And he was not too worried about it acted like it was no big deal. I am just looking at the legal standpoint, and if they drilled later I would hate for this to be in question!
Depending on what the original deeds say (specific granting vs. cover all language), your wife and sister may have received the interest in those 3 locations. It sounds like you are on good terms with the trustees, so you if you want to clear it up, all of the parties to both deeds can execute a stipulation of interest and cross conveyance. It would basically lay out what happened, what the intent was, and what the current interest should look like. However, if you’d rather not draft or pay for drafting the agreement, whatever operator that comes along will likely cure (read - pay for) it before drilling.
Thanks. They have been leased and they have always given us full ownership.