You are here:

Oil/Gas/Two parties claiming same mineral rights.

Advertisement


Question
hello
Recently my father in law was contacted by devon for leaseing mineral rights. what he got after they did a title check/title opinion is very confusing. First he has to get with the previous owners to settle on a percentage as they have a stake in it. but upon getting paperwork back from devon, it states that not only do the county records show he owns all the rights in book lets say 2057, but in another book 2063 it states previous owners own them all. he has been threatened to be sued by other party. devon has refused to send royalties until both parties agree on entitlement. what can be done? I have documents if that will help. we just don't know where to go or who to talk to. please help. thanks
V/R Rick

Answer
Devon should be able to determine who "really" owns them, since probably one of the parties FIRST acquired them. If that's the case, then the second party's claim to them would be invalid. Devon however, is probably worried that two parties claiming the same minerals creates a "cloud" (confusion) on your father's title, so apparently would like both parties to agree (in a stipulation that can be filed of record) which one actually owns it.

Their landman should have, while checking the title, figured out who first acquired the rights, and then made a note that the other party's claim to the same property was invalid. They may have actually done that, but still want it "cleared up" between the parties themselves (and filed of record) so that there is no longer any doubt. You could easily enough have an attorney or landman check the title and determine what needs to be done. I would suggest finding one in the county where the minerals are located as that would be cheaper probably.

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

Oil/Gas

All Answers


Answers by Expert:


Ask Experts

Volunteer


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)

©2016 About.com. All rights reserved.