Hello! We have 2 new, permitted horizontal wells going through our section, yay! But my siblings and myself are aware that our ownership portion might not be accurate. We know it will be important to correct this going forward. There are so many knowledgeable people on here and wondered if anyone has advice on how to begin. We will start with our leasing company first and obviously, we will need an attorney at some point. But, we were hoping we could do as much leg work as possible. Will our producer help us? Thankful for any advice!
What is it that makes you think it may not be correct? You can ask the operator for muniments of title concerning your interest. They may help you.
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Thank you Todd. We have original wills that state the ownership portion is not the same as what we have ended up with. Apparently, something happened when my grandfather’s estate was probated that changed the amount on the will.
If you have 2 new horizontal wells, was a new OGL signed for the same acreage that you claim? Do the 2 new horizontals cover 100% of your acreage, or are they multi unit wells and your sections allocation isnt 100%?
Hi! Our lease is for the incorrect amount. It has been this way for years and we are just now discovering it. We are researching the chain of title to see when/where the mistake happened.
Just remember that Wills & Probates only grant heirship and not ownership. Wills & Probates can only distribute what someone actually owns. You are doing the right thing by researching the chain of title. Good Luck.
Who signed the last oil and gas lease? If the original heir, thats now passed away, signed the lease and both parties agreed to the acreage amount, it will be hard to dispute. Like Todd said, just bc a probate says one thing, doesnt make it fact. The producer wont help you in disuputing this claim. You will need a VERY experienced oil and gas attorney to help you out, as youll have to “sue” the other parties that your claim will be against, which wont be cheap so then the question is, how many acres/potential income would come from the action and would it be worthwhile?
Andrea, many times probates and wills are prepared by well meaning people with inaccurate information. This may be contributing to your problems. Baker is correct, the answer is in the chain of title. Good luck.
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