My 82 year old mother receives checks every month from Brigham Oil and Gas, but knows nothing about the property or the status of her mineral rights. As far as we can tell, the well is Erickson 8-17 #1H and #3. She has received mailings throughout the years, but has thrown everything away. I have Financial Power of Attorney now and would like to find out more about the drilling and the property in Williams Co. She also has mineral rights in Burke County, for which I have been the contact, so I am very aware of the present situation on that property. Now we need to figure out what is going on in Williams Co. Anyone have any idea about where to start. Do I need to ask an attorney to give us counsel?
If you haven't done so, you should go to the North Dakota Oil & Gas Division website: https://www.dmr.nd.gov/oilgas. At that website you will find lots of useful information. By using the link to the left called "Well Search", I found that Erickson 8-17 is located in Township 154, Range 102, Section 8. By going to the "GIS Map Server" link, I could find that 154-102-8 along with 154-102-17 comprise a 1280 acre spacing unit. Also, there are 3 wells in this spacing unit: Erickson 8-17 #1, #2 and #3. The Well search identifies that the wells are all active and the production dates. #1 became active 8/17/2006; #2 on 11/7/11 and #3 4/14/11. It generally takes a few months from the time a well shows active until you receive Division Orders and start receiving any royalties. So it is possible that you have not yet seen the Division Orders for #2. You can check with Brigham.
I was in same boat as you with my mother in law. She was not aware of all the tracts for which she had mineral rights. Are you aware of all the tracts your mother/you have an interest in? If not, you would be wise to contact an independent landman who can do a full title search of records to determine those interests. It will cost you some $$. If you are confident of all tracts for which you have an interest, and know the location (township, range, section), you can use the well search function at the website to determine if there are other producing wells and who the oil/gas company is. Go to the company website to get contact info and give them a call. If no well is yet on the other tract(s), your next step could be to find a company to lease the lands to. Be careful as many will want to purchase the mineral rights outright rather than lease.
Finally, another resource I used because title to much of my mother-in-laws tracts was messed up, I subscribed to the NDRIN website: http://www.ndrin.com/default.asp. This website gives you access to the North Dakota County records. I was able to search by name and location (Section, Township, Range) and County to determine legal ownership for the tracts, as well as copies of leases can be found there and various orders filed by the Oil companies (such as Affidavit of Production). However, I was advised that for Williams County, the online records only go back to 1990....so older records would have to be researched in person at the county. There is a one-time sign up fee and monthly subscription fee to have access to this website.
As for an attorney, you probably don't need to go that route yet You can do your own research using the websites I gave you, or contract with an independent landman to find out most information you might need. Further, trying to get an attorney is a problem since all of the attorney's in the area are swamped with work.
Good luck.
I sincerely appreciate your time and help! You have given some great insights. I think a trip to ND may in order so we can do some research at the county. We have questions about land in Portal, also, so should probably make it soon. Thank you again!
James Brown said:
If you haven't done so, you should go to the North Dakota Oil & Gas Division website: https://www.dmr.nd.gov/oilgas. At that website you will find lots of useful information. By using the link to the left called "Well Search", I found that Erickson 8-17 is located in Township 154, Range 102, Section 8. By going to the "GIS Map Server" link, I could find that 154-102-8 along with 154-102-17 comprise a 1280 acre spacing unit. Also, there are 3 wells in this spacing unit: Erickson 8-17 #1, #2 and #3. The Well search identifies that the wells are all active and the production dates. #1 became active 8/17/2006; #2 on 11/7/11 and #3 4/14/11. It generally takes a few months from the time a well shows active until you receive Division Orders and start receiving any royalties. So it is possible that you have not yet seen the Division Orders for #2. You can check with Brigham.
I was in same boat as you with my mother in law. She was not aware of all the tracts for which she had mineral rights. Are you aware of all the tracts your mother/you have an interest in? If not, you would be wise to contact an independent landman who can do a full title search of records to determine those interests. It will cost you some $$. If you are confident of all tracts for which you have an interest, and know the location (township, range, section), you can use the well search function at the website to determine if there are other producing wells and who the oil/gas company is. Go to the company website to get contact info and give them a call. If no well is yet on the other tract(s), your next step could be to find a company to lease the lands to. Be careful as many will want to purchase the mineral rights outright rather than lease.
Finally, another resource I used because title to much of my mother-in-laws tracts was messed up, I subscribed to the NDRIN website: http://www.ndrin.com/default.asp. This website gives you access to the North Dakota County records. I was able to search by name and location (Section, Township, Range) and County to determine legal ownership for the tracts, as well as copies of leases can be found there and various orders filed by the Oil companies (such as Affidavit of Production). However, I was advised that for Williams County, the online records only go back to 1990....so older records would have to be researched in person at the county. There is a one-time sign up fee and monthly subscription fee to have access to this website.
As for an attorney, you probably don't need to go that route yet You can do your own research using the websites I gave you, or contract with an independent landman to find out most information you might need. Further, trying to get an attorney is a problem since all of the attorney's in the area are swamped with work.
Good luck.
James,
We are still trying to access the lease from Brigham Oil on the Erickson properties. In your response to my question you said, "Finally, another resource I used because title to much of my mother-in-laws tracts was messed up, I subscribed to the NDRIN website: http://www.ndrin.com/default.asp. This website gives you access to the North Dakota County records. I was able to search by name and location (Section, Township, Range) and County to determine legal ownership for the tracts, as well as copies of leases can be found there and various orders filed by the Oil companies (such as Affidavit of Production). "
On the ndrin site, I can't find where I would search for a copy of the lease and I think it is important to get it. The checks my mom gets are very small percentage the amount of oil the wells are producing. Brigham has ignored my e-mail requests for a copy of the original well leases, even though I am the contact person they have on file. Is it possible a lease would have been written with a 1 or 2% royalty. Ours on other properties are much higher than that. Thanks, James! Vicki
On the NDRIN, select county, search by legal description, all recorded leases, assignment of leases, memorandum of leases, rights of ways, statements of claim etc for the last 20-25 years, for that legal description, come up when you search this way. It may be alot to go through but if you search for O&G lease, memorandum of lease will likely not come up. I hope this helps
Vicki Michel said:
James,
We are still trying to access the lease from Brigham Oil on the Erickson properties. In your response to my question you said, "Finally, another resource I used because title to much of my mother-in-laws tracts was messed up, I subscribed to the NDRIN website: http://www.ndrin.com/default.asp. This website gives you access to the North Dakota County records. I was able to search by name and location (Section, Township, Range) and County to determine legal ownership for the tracts, as well as copies of leases can be found there and various orders filed by the Oil companies (such as Affidavit of Production). "
On the ndrin site, I can't find where I would search for a copy of the lease and I think it is important to get it. The checks my mom gets are very small percentage the amount of oil the wells are producing. Brigham has ignored my e-mail requests for a copy of the original well leases, even though I am the contact person they have on file. Is it possible a lease would have been written with a 1 or 2% royalty. Ours on other properties are much higher than that. Thanks, James! Vicki