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Question
My sister in Canada wants to transfer her oil & gas royalty to me - I live in Vermont. Our oil & gas interests are in Tarrant county, Texas. Could you tell me what & how we would do this? Also is it possible to do this without going through an attorney? Thank you - Dave.

Answer
You can do it yourself, but I would still advise having an attorney draft the deed as it needs to be correct in order to effectively transfer the interest. That said, you can find many examples of "Mineral Deeds" online to use as models for your own deed and do it that way. You could also hire a "paralegal" to draft the mineral deed, which would likely be less money than an actual attorney.

Whatever you do, you'll need to make sure the land the minerals are under is properly described on the deed to the extent that it could be located by anyone looking at the deed. If you have a copy of the conveyance where your sister received her minerals, you could use that legal description as as a model for your deed, while making sure it grants you "all" her interest (actually include the word "all" or "100%" etc. on the deed. The tax statement from Tarrant County your sister probably receives each year would also likely contain an adequate legal description.

Instead of a mineral deed you could also use a "quit-claim" deed. Quit-claim deeds are sometimes used between family members, and also are used when the grantor (in this case your sister) isn't sure exactly what is owned (i.e. how many acres etc.) You'd still need an adequate legal description on whatever deed you use though. Simply granting "all my interest in Tarrant County" would not do it. You'd probably also want to include the Survey name if known (i.e. John Glenn Survey) or the abstract number assigned to the survey (i.e. Abstract 345, or A-345 etc.) as well as a section and/or block number if know.

Hope this helps you out.
Frederick M. Scott CMM, RPL
The Mineral Hub
www.mineralhub.com

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Frederick M. Scott

Expertise

Oil and gas leasing, lease negotiations, how to best deal with the oil and gas companies or their representatives, buying/selling mineral rights, forced-pooling, correlative rights, deeds and conveyances, and "post-production" costs. I am most experienced with Oklahoma properties and laws, but am able to answer questions concerning other oil and gas producing states in many cases.

Experience

I am a Certified Professional Mineral Manager (CMM) certified by the National Association of Royalty Owners (NARO) in Tulsa, OK. I am also a Registered Professional Landman (RPL) with the American Association of Professional Landmen (AAPL). I have managed my family's oil and gas properties in Oklahoma for over 10 years and have dealt with many landmen, title analysts, attorneys and other oil and gas professionals in the process. I have written several articles which have appeared in various oil and gas industry magazines and newsletters. I have negotiated and drafted leases, prepared deeds, affidavits, and other legal instruments relating to my own minerals, as well as performed title, legal research, and curative work for same. I have acquired a good deal of knowledge on the subjects of oil and gas law, mineral appraisal, and landwork over the past ten years, and also worked as a professional landman and lease buyer for a time. I've seen the business from "both sides" and therefore feel confident I can help out most of the folks who ask questions in this forum.

Organizations
National Association of Royalty Owners (NARO); American Association of Professional Landmen (AAPL)

Publications
National Association of Royalty Owners "Action Report" (ROAR); NADOA Magazine, The Mineral Hub, Landman Magazine, and several royalty owner association group's newsletters.

Education/Credentials
Certified Mineral Manager (CMM), Registered Professional Landman (RPL)

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