My father and his 3 siblings held the mineral rights to 120 acres in McClain County, OK and all have been inherited by their offspring. I was just informed that my cousins leased their mineral rights (90 acres). I was not contacted for a lease at that time. One of those cousins says that the rights are not associated to any specific acres, that we all own a percentage of the total 120 acres. Does that sound correct? Presuming that is true, wouldn't I then own a percentage of the mineral rights on the 90 acres that were leased?
If what your cousin said is correct, then you own an "undivided interest" in 120 acres, of which 90 acres has been properly leased thus far. Your 30 acres have not yet been leased. My guess is that they have simply not gotten to you yet - unless your cousins have been leased quite a long time ago.
If you do NOT have an "undivided interest", then it is possible, if the drilling unit is small enough, that they were interested in your cousins minerals and not yours.
Any idea where I would go for a definitve answer to whether our interests are divided or undivided?
If this came from an estate, you can check the documents that were filed in the county courthouse where these minerals were conveyed. The language will specifically say something like “30 undivided net mineral acres” out of such-and-such legal description. In any case, there will be a legal document filed in McClain County which, upon reading, will tell you what you are looking for. Many counties have recent records availabe online, such as through www.okcountyrecords.com, but McClain County is unfortunately not included in their list of offerings. A trip to the county clerk’s office in McClain county would also do the trick, unless you know a family member who might have such documents.
Thank you so much JW. I appreciate the information and such a quick reply!