AboutDavid B. McCall Expertise Questions regarding oil and gas exploration and production, the operation and management of oil and gas producing properties, and questions related to mineral ownership, title problems, and oil and gas leases.
Experience I am Board Certified in Oil, Gas and Mineral Law in the state of Texas. I have more than 34 years of experience in the industry as both an in house attorney for major oil companies and as a partner in oil and gas firms. I am also a mineral owner and receive royalties from oil and gas production. I have extensive title examination experience, and have represented clients in many administrative and court proceedings.
Organizations State Bar of Texas, Texas Bar Foundation, and Austin Bar Foundation.
Publications Various state bar seminars on Oil and Gas matters.
Education/Credentials I have a business degree in marketing from McMurry University, 1971, and a JD degree from Texas Tech University in 1974, where I graduated 17th in my class. Board Certified in Oil, Gas and Mineral Law in 1986.
Expert: David B. McCall Date: 7/12/2008 Subject: Retaining Mineral Rights
Question A friend has sold the property on which his mother lived. There is a producing well on the property from which she receives a small check each month. The son was not careful to retain the mineral rights. Can the mineral rights from a producing well be sold along with the property on which the house is located? The family, rightfully, is much concerned about this. Thank you.
Answer Hello John. The mineral rights can be sold along with the property om which the house is located. I don't know where the property is located, but in Texas, and many other states, the oil and gas rights would pass along with the property unless they were specifically reserved. Whether that has happened in your situation depends on how the deed is worded and the laws of your particular jurisdiction.
Let me know if you have any further questions. If the minerals have passed perhaps your friend could contact the purchasers and ask them to reform or amend the deed to retain the mineral rights. It would be worth a try.
Good luck and let me know if you have any further questions.
