I don’t understand what the language on this deed means. Does this overriding royalty continue after the death of the grantee or does this overriding royalty continue on forever?
Hello,
On our Overriding royalty interests, they are held as long as there is production on the leased property. Any new well (as long as there is an existing old well producing) royalties are subject to bear the burden of the ORRI. If the original lessee is deceased then the interest follows the will of the lessee. That has been our experience with our ORRI (Overriding royalty interests) in Texas and New Mexico.
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So this deed is dated 1935. Pretty sure then, that my family has no royalty interests today. Darn!
Go to the RCC map and see if there are still producing wells.
There are DEFINITELY wells still producing! But I have no idea about earlier well as to when they were drilled. Many are capped today. Looks like the producing well were drilled in the 70s or so. My deed was recorded in the 30s.
One thing you may want to check on is if your lease was pooled with other lands. We have interests ( East Texas) where many non-contiguous tracts , multiple surveys, were pooled in the 1930’-40’s. Wells that are miles from our interests hold tracts by production, with newer horizontal wells drilled in different formations. If you haven’t already, you may want to check with the county clerk for leases pooled under the unit declaration or designation.
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