In the 1930's partial minerals and royalties have been severed from some small tracts of land I own in Texas.
An oil company and myself have searched for heirs and probated wills of the sellers with limited success.
Is there a way for me to acquire the outstanding mineral and royalty interests...I am willing to buy them but have no one to pay and from what I understand, once there is production the proceeds will go into an escrow account with the state forever...
JL:
There should be records in on this prior production in the district office of the Railroad Commission of Texas. You didn't state where these minerals are located so I can't advise you on what district office to do your research. The Railroad Commission of Texas has district offices in Corpus Christi, Houston, San Antonio, Kilgore, Abilene, Witchita Falls, San Angelo and Pampa. Each district office maintains files on all wells from the beginning of production. You might obtain information from these files which will assist in your research.
Dear JL
I know of no way to acquire the mineral or royalty interests. In Texas, you may not abandon property. Title will vest somewhere, either in a present or future interest.
Adverse possession will not help you either. You would be trying to adversely possess against the mineral owner and the only way to do so would be by actual production for 30 years under claim of right.
The same property laws that protect your interest, protects yours as well.
A shylock attorney might have an idea. I have seen cases of fraud, where purported heirs (in cahoots with a friendly notary) have created a conveyance trail, where you at least had some evidence of title.