In Oklahoma, Grady county. My brother and I each have had 30 acres under production for about two years When we leased this each lost 2.5 acres from a previous 32.5 acre lease. We now find out the acreage loss was due to a scrivener error in 1917. We each lost about $8k in royalty payments plus the lease bonus. The purpose of the quiet claim suit it to get our 5 acres back, attorney doing this.
When the suit is over and it is ours again what happens. The acreage was never leased and no production has been paid.
Will Continental have to lease it to us from pooling and then start paying production?
I am guessing there is no path for retroactive royalty payment but they will have to lease it.
GARY- I’m sure Continental will claim that the additional acreage is covered by a pooling order or under a lease from the party or parties you are quieting the title from. Your attorney should try to make the quiet title retroactive to some earlier date and possibly obtain production revenue from the other party. I doubt Continental has any liability for paying royalties to the record party. Your lawyer should be able to answer your questions.
The 5 acres were not under lease. The scrivener error prevented that, put a cloud over the ownership. The last line of the suit talks about the plaintiffs recovering costs and attorney’s fees and other relief as just and proper.
We went to the quiet claim suit to get the ownership corrected. Got an answer from the attorney to a couple of questions.
When I’m finished we send them ( Continental ) the Order and that’s how they know. Then they have to either pay the lease or pooling bonus and all royalties due.
Much better than expected