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?
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.
TennisDaze has you covered, to put it simply, just bc your sister sold arti covering the legals that you both own in, doesnt mean she sold your interest, just means that she sold her interest. Unless you are saying that you know for a fact that your sister sold and was paid upon the entire interest, if thats the case, the holidays wont be pleasnat and youll have to sue her.
To add to Bob’s note. If buyer approaches and asks you to sign any document, go straight to an attorney. Do not acknowledge or agree that your sister had any right or ability to sign on your behalf or about your minerals. Do not engage in phone discussion with them. Tell them to send written letter and you will discuss with your attorney. If buyer overpaid, then they have to either get refund from your sister or just have a bigger basis. Same thing if your sister asks you to sign anything or agree that she sold your minerals.
How could the sister convey anything other than her share of the minerals no matter what she was paid? If you are not mistaken, mineral owners in Texas are in extreme jeopardy.
I had a similar concern. My father was left mineral rights from his parents, my grandparents. My father would pass away & our mother ( surviving spouse ) Receives offer from 2 companies to lease and decides to share it with her 4 children! Myself & 3 brothers. We all received pay outs to lease. So now it’s 1/5th. One brother years later, sold his portion. Mother passes away…. I am the executor of the estate but am having trouble locating any information on our rights or if any activity is even happening in Terry & Hockley Counties.
Where problem may lie is this. My dad was Jack C Smith. My brother is Jack C Smith. My brother may of sold all of our shares … when approached by a land man/ lawyer. I would think that is illegal as my brother only owned 1/5th! But since my father was the heir & same name as my brother this could be great possibility since we can’t find any information that we still own mineral rights.
Any help of who to contact or information would be great!
Is the will recorded in Terry County, TX conveying the minerals to you and your sister? If not I would call clerk of courts and find out recording fee and get it recorded as well as any other conveyance documents.
@Amy_Anne_White_Smith_Pickett The same name can be confusing. Your brother did not inherit until after your Father died, so the timing will define the difference in the names on the deeds. Your brother cannot convey more than he owns, so he could only have sold his 1/5th. Your Mother’s 1/5th interest is still vested to her as are the rest of your Father’s heirs that have not sold.
You can go to the RRC website to locate your property and research the activity in the area…
You can’t sell something you don’t legally have the right to sell…same name or not. If it mistakenly went through that’s a hassle but there’s obviously legal recourse that will allow you to get it sorted out if you have an actual legitimate claim
Try contacting the company that you think bought the mineral rights from your brother who had the same name as your father and explain it to the land department and see what actually took place. You may windup having to send the companies legal department and the land manager a certified letter return recepiet requested to get their quick attention. Good Luck.
I stated “just bc your sister sold arti covering the legals that you both own in, doesnt mean she sold your interest, just means that she sold her interest” and followed it up with, “Unless you are saying that you know for a fact that your sister sold and was paid upon the entire interest, if thats the case, the holidays wont be pleasnat and youll have to sue her.”
So, Im quite confused by your question? 8 times out of 10, mineral owners freak out when they see a sibling selling all right title and interest and think its their interest as well, when its not.
Thank you for good advice
I cannot find my name on Texfile. The mineral rights were transferred by a quit claim deed several years before my mother’s death. The deed was filled with Terry County.
Where can I look for my name on the mineral rights now.
TexasFile has records in Terry Co back to 1880, so if the deed was filed you should be able to find it. Try working with less specific name conventions such as John for Johnathon. Possibly just use the last name in case they used initials.