We have mineral rights in Harrison County Ohio. we are being sued by the surface owner to take our rights from us. I need to know how to properly format a response to this suit myself without having to hire a lawyer. Can someone please help?
Would recommend that you contact an attorney any time you have legal issues pending against you.
Suggest that you look up the Ohio Dormant Mineral Act to get some background is that is what they are trying to use to reclaim minerals.
Yes I think that is what they are using to reclaim. This land owner has a law group and has all his ducks in a row with all the supporting documents. I just have a copy of the county book that shows rights going to my “family”. I was told if I do not respond with the properly formatted respond that it would be considered a no response and I will lose by default judgement.
Talk to an attorney to see what your options are. In many states that have the dormant law, if mineral owners do not file in a timely manner, they will forfeit their minerals.
If you really want to keep the mineral rights, you need to hire an attorney. If you don’t want to pay the hourly fee, you may find an atty who would do on a contingency basis, i.e., he/she gets to keep a share of the minerals. But representing yourself is like doing your own dental work.
I have a lawyer that will represent use along with several others involved in this lawsuit. But first he needs to see a copy of the lease I signed with Encino last March. Only problem is I only have a memorandum of lease. So it does not show the terms of the lease.
You should have been provided a copy of the OGL along with the Memo which is what is filed in the County records. Check your files.
Encino did not provide me with the lease. They said I signed one with Chesapeake. I did not. One was written up by Chesapeake in 2017 but never signed because they had a question about my ownership. I told Encino that but they did not seem concerned.
Encino may be on the take.
Doug, your memo is filed in County Records at 266-2403. You should have also executed an OGL along with memo. There is no OGL to Chesapeake shown.