In 1983 I was approached by an Oil Company who wanted to either lease my mineral rights or buy the mineral deed. the letter they sent to me indicated that my father along with his siblings were left mineral rights from his sister and they listed the specific location of the mineral rights in McKenzie County and also indicated the amount of the share. They mentioned that I was the sole heir of my fathers minteral rights. I did not take advantage of this proposition at that time.
Just recently I was going through some old paper work and came accross this correspondence again. Because of all of the activity in the Bakken I thought it a good idea to pursue this further. I did talk to Precis Databanc in Williston and they sent me a report which showed me that two of my cousins both deceased had leased their shares at some time. that appeared to be the only activity that they could find.
Can someone give me some direction? I just need to know how to proceed with this.
Paul:
I would persue this matter via the County Clerk's office in regards to this mineral area. The records should contain the name(s) of the current owners of the minerals. In North Dakota, there is a dormancy rule in place whereas the minerals which are dormant over a period of time (20 years I believe), could be claimed by the surface owner of the area. Again, McKinzie County is a very hot area in regards to drilling and this matter should be addressed ASAP and proper legal procedures taken to transfer the title if applicable.
Thank you Charles:
I did contact the McKenzie county clerk's office and they indicated that my next step would be to contact an Attorney regarding the transfer of mineral rights from my deceased father to myself. If the surface owner wanted to claim the dormant mineral rights, would he have to attempt to contact me before this could happen. Through the years I have never been contacted by anyone regarding this.
Paul, the surface owner would only have to send notice to the ;ast known address appearing on the recorded document and give public notice in the McKenzie county paper with the largest circulation, I believe once a week for 3 weeks.
If you would give the legal description, I could look for drilling activity for you.
You could get an NDRIN recorders network subscription and see if the surface owner has tried to reclaim the minerals in the last 20 years. The subscription cost $25 per month and they accept credit cards. Cancel after one month so it does not become a recurring charge.
You can file a statement of claim immediately, you need not wait for a probate because the statement of claim is only to prevent your claim from being extinguished and it would prevent the surface owner from succeeding to your mineral interest if in the future the surface owner tries.
Thank you
The Mineral rights were on Township 149 N Range 100 W, Sections 3 and 4. It gets a bit more specific with some directions but I don't have that information with me
r w kennedy said:
Paul, the surface owner would only have to send notice to the ;ast known address appearing on the recorded document and give public notice in the McKenzie county paper with the largest circulation, I believe once a week for 3 weeks.
If you would give the legal description, I could look for drilling activity for you.
You could get an NDRIN recorders network subscription and see if the surface owner has tried to reclaim the minerals in the last 20 years. The subscription cost $25 per month and they accept credit cards. Cancel after one month so it does not become a recurring charge.
You can file a statement of claim immediately, you need not wait for a probate because the statement of claim is only to prevent your claim from being extinguished and it would prevent the surface owner from succeeding to your mineral interest if in the future the surface owner tries.