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: 7/18/2008 Subject: Tenants in Common
Question David,
My Father deceased in 2003 and my mother is still living. In May of 2004 Cabot Oil approached my mother and convinced her to lease the mineral rights to the property that her and my father own. My question is the deed to the property owned by my parents is a " Tenants in Common " deed and when my father passed away his interest in the property and minerals passed to his heirs and there is 4 of us. Should we have also had to sign the lease for it to be legal since we are his heirs and it is a " Tenants in Common " deed.
Answer Hello Tammy. Tenancy in common is a type of concurrent ownership in which each owner owns a distinct share in the same property. It is distinquished from a joint tenancy with rights of survivorship, and a tenancy by the entirety, in that the ownership share of the tenant in common will pass after his death in accordance with the terms of his will or the intestate laws of the state where the property is located. Under a joint tenancy or a tenancy by the entirety, the interest of the deceased would pass to the surviving tenant.
I haven't seen the deed so I can't say whether it created a tenancy in common. If the deed created a tenancy in common, how your dad's interest passed would be determined by the marital property and other real property laws of the state. I suggest that you contact an attorney in your area to review the relevant documents and to advise you of your rights as a surviving child.
Good luck and let me know if you have any further questions.
