A deed recorded about 80 years ago incorrectly listed the wrong quarter of a section. The conveyor of the deed did not own any of the wrong quarter so now 80 years later we are told he is still the recorded owner of the correct quarter. All the subsequent heirs have been transferring this property in wills and probate. An oil company has listed us all under curative and is telling us we have no interest. What, if anything, can be done to correct the error now? How could we prove it was an error?
That's a tough one. You may have to pay for the sins of the father for not taking better care of their business.
How has it been taxed or assessed over the years?
I have seen requirements in title opinions before that required old deeds to be amended. The problem was that all of the parties involved, or those with a privity of contract, were dead. I could never figure out who was supposed to execute the amendments.
You should seek out some legal advice, but for starters you might file some affidavits apprising the public and the title searchers of the issue.
I don't blame the oil company at all. They and their agents can only go by what is of record. Proof read everything very carefully before filing anything.
All kinds of issues on this one. What has been going on for the past 80 years? Was there production on the intended quarter section of minerals? Ifso were you paid for it? Was there production on the quarter section that was listed in error and was your family paid royalties on that portion? What state is involved? There are all kinds of legalities involved in a matter like this. Hopefully there has not been production on either quarter section, just to make things a little easier. A good oil and gas lawyer who specializes in title opinions would be able to clarify these issues with you. Each state has different laws regarding title issues.
It’s in Oklahoma. There was a lease at one time but nothing was ever produced as far as I can tell and no royalties paid in the last 33 years on either of two sections. The mistake occurred, I believe, because the two sections abut each other (N-S) to make a 160 acre tract. The one above was incorrectly listed as S2 NE instead of S2 SE. The lower one correctly reads N2 NE. Someone dyslexic or poor proof reading I guess. Even I just got it mixed up and had to correct my typing.
I am currently working on an issue here in California that is very similar. The deed was incorrect and stated the NE quarter rather than the NW quarter of a particular section. It was not discovered for years due to the fact that no one had attempted to lease the mineral interests. In California non-producing, severed mineral interests are not taxed. Therefore, no one knew of the issue.
We are clearing up title via a quiet title action. As best as you can, obtain the documents that show the problem and why it is more likely than not that this was a typographical error. Ultimately, the judge decides if there is enough evidence to support the correction. A judgment quieting title is recordable to show title is held in the proper name. Unfortunately, it is a costly and time consuming process.
Thus, I agree that a good lawyer in Oklahoma should be able to help. I wish you well in your endeavor.
No, it's not complex at all. Courts and judges are reluctant to rewrite history after 80 years. There are very few legalities in a case like this. A title searcher and oil company can only run with what is described of record. You can consult an attorney as was suggested originally, but you will have a super, up-hill battle after all of these years. There is the four corners rule regarding the interpretation of instruments. I predict that you never see a dime in any form of royalties or any oil related income. The position of the oil company is the correct one. You are not the record owner.
Kitchen said:
All kinds of issues on this one. What has been going on for the past 80 years? Was there production on the intended quarter section of minerals? Ifso were you paid for it? Was there production on the quarter section that was listed in error and was your family paid royalties on that portion? What state is involved? There are all kinds of legalities involved in a matter like this. Hopefully there has not been production on either quarter section, just to make things a little easier. A good oil and gas lawyer who specializes in title opinions would be able to clarify these issues with you. Each state has different laws regarding title issues.
Thanks to everyone for their insight. I guess we’ll just put it behind us and move on.
You can fight the good fight, but as a well known DWI lawyer once said, "Don't go to a gun fight holding only a knife."
Ann without knowing Oklahoma title law I cannot give you an exact answer. However, depending on how much the minerals are worth it really may be worth your time to take an hour and visit with a proper title attorney in Oklahoma to determine if action can be taken to correct the problem and perfect the title. Every state has different laws. I am more familiar with Kansas and Texas title standards.
Nobody is entitled to convey that which he does not own, so you could prove it was an error by developing an abstract of title for the "wrong quarter of a section." When "the conveyor's" name appears nowhere in that title, that proves that he never owned it.