My sister and I were granted ownership of mineral rights in Terry County Texas from our mother, Martha Margaret Sleeper Jeep. The ownership stated “equal and undivided interest”.
In 2022 my sister sold what she believed to be her portion of said mineral rights. She sold the entirety of what we both owned - without my consent.
She (my sister) did not consult an attorney or me- the owner of 1/2 half of the mineral rights. The buyer did not verify that my sister only owned only 1/2 of the mineral rights that she (my sister) offered for sale.
I never planned to sell my rightfully owned mineral rights.
What are my options to reclaim my lawfully owned mineral rights?
Please help with my concern
There is a 2013 quit claim deed from your mother to the two of you in equal shares of whatever minerals your mother owned in specific sections and in the county. When your sister sold, she could only sell her one-half and you still own your one half of the minerals. You may be confused by the legal description as it covers entire sections in both deeds. Legal descriptions are for the gross acres in which A owns minerals. It does not mean that A owns all the minerals in the section. For example, if Grandpa owned 100% of Section 7 and gave it to his 4 children in equal shares, then each child owns 1/4th of Section 7. They do not each own separate tracts in Section 7, but 1/4th of the whole. Therefore, any deed or lease will describe the gross acreage - all of Section 7 - but each child will be paid only for his fractional share of the section. If there are 400 acres in the section, then each will be paid on 1/4 X 400 = 100 acres. Just like you and your sister both signed leases in 2018 covering the same gross acreage. It is common in Texas for there to be many owners within a section, sometimes even hundreds of owners and so fractional interests can become quite small. It is doubtful that your mother owned 100% of all 4 sections in the deed. If you are still concerned, then you should show all the documents to an oil and gas attorney.
She sold the total NMR only consulting a previous lease option dated 2017. I am no longer listed as an owner of any portion of the mineral rights in Terry County, Texas.
How have you determined that you are no longer listed as an owner? Minerals are only taxed if they are producing. Were you receiving royalties and now are not being paid? Your sister’s deed only lists here name and cites her interest. The deed does not name you and you did not sign the deed. You signed separate leases and should each have been paid a bonus on your own share of the minerals, being one-half of your mother’s total minerals. Supposing that your mother owned 1/10 of minerals in 1760 acres in 4 sections then she owned 176 net mineral acres. Then you and your sister each own 1/20th of minerals in 1760 acres, being 88 net mineral acres each. If the buyer overpaid your sister in 2022, then the buyer loses and does not get to claim your minerals.