My family has non-executory mineral interests (34.50 NMI) in Sec. 11, Blk 55, Twnshp 10, T&P RR Co. Survey, Reeves County (Delaware Basin). I am trying to locate owner of executory rights and get interests leased. Last information I have is a lapsed leased in 1983 from the Pauline Weinacht Estate to Amerada Hess.
William
You may already have tried this but that old lease you mentioned was signed by co-executors of the Weinacht Estate named Charles A. Weinacht and Don N. Weinacht. The deed records indicate Don Weinacht still lives in Pecos, but as a first shot you might try contacting Bill Weinacht in Pecos at (432) 445-2647. It looks like he is an attorney. The deed records show a bunch of mineral deeds to him from the co-executors and also show transfers to Westland Investments Inc. where Bill Weinacht is president.
If I'm looking at the right piece of land the interest you described is part of 657 acres in Abstract #669. The surface owner of that whole section is McCoy Land & Cattle Company, who owns lots of land in Reeves Co. but has a mailing address in San Marcos, Texas. If you aren't able to learn anything from the Weinacht's you might see if the surface owner can tell you anything about the mineral ownership.
William -- there is a Don Weinacht who lives near Balmorhea. Later -- Buzz
One in the same
Glad you got it solved. Good luck on the lease.
I have an E-mail address for Ellen Weinacht, Don’s wife. It’s old so it may be no good. If you would like it, please E-mail me at [email protected] and I’ll share it with you. Linton
Too late smart: it appears we have found the owner of the executive rights which may have leased this site and if so, as I understand it, our rights as owner of a NEMI are limited. Thanks to all for your comments.
William -- thanks so much for letting us know how this turned out... so many times posters trying to help are left hanging... Later -- Buzz
Still learning!
Latest development: Apparently Apache Corp., in a rush to tie down acreage, entered into a lease with the McCoy Land & Cattle Co. ("McCoy") w/o a thorough title search. Apache tendered to McCoy a lease bonus which incorrectly included a bonuses due to us and possibly other owners. Our NEMI was overlooked as well as apparently other mineral interest owners' interests, including some with non participating royalty interests (which by definition are not entitled to a bonus). Apache has ordered title opinions and McCoy has agreed to reimburse Apache for incorrectly paid bonuses. I am uncertain if production has occurred which would mean royalties were also improperly calculated, but suspect this is not the case. Moral here: If I had not made inquiries of Apache I am not certain these errors would have been found and corrected, although in fairness perhaps in preparing division orders this might have been discovered.
Echoing what Buzz said in January, thanks for sharing what's happened on this.
Have a feeling there are plenty of leasing situations where companies move ahead with little title research but the cost vs. benefit of getting the major mineral owners signed up as quickly as possible probably makes sense for them.
From the mineral owner's standpoint though, an operator's failure to do title research before the lease is signed can end up costing a mineral owner a bunch of legal expense if title problems show up years down the road. Requiring that the lease include a special provision overriding the standard warranty of title language keeps the responsibility on the operator.
After a year of being bounced around between the Lessee/Apache and Lessor/McCoy (holding executory rights) I am told a resolution is near.
Great news, William! Congratulations in seeking a solution and possibly accomplishing that. Aggravating, I’m sure. Good luck. Linton