John:
The title opinion is supposed to be based upon the “records” of the county courthouse, including the Court Clerk’s office. They may also rely on title curative documents that have been obtained from various sources. Sometimes these curative documents aren’t filed at the courthouse.
Title attorneys very seldom go to the courthouse anymore. They have land records people gather the information and supply them the information for review. All are human and make mistakes or miss documents. Many documents can be misfiled at the courthouse. That is why many companies compare what the courthouse shows with what is at a county abstract office.
The Division Order is then rendered on the culmination of all of that information. When adding all the numbers up, it must total “100% or 1.” If not, they go look for the difference.
Todd M. Baker
Martha,
There must be a prescribed algorithm, sequence, or methodology that all oil producers MUST follow to “whittle” down to the “actual” division-order level prescribed royalty payee. I don’t believe that all these research efforts into who gets what is at all ad hoc.
My question still is, how can my name be associated with a royalty payment and a certain pooling number where I cannot find any association with my name as a landowner or property tax payor (by way of mineral rights by the “bundle”) in that pool, nor can I find my name in any respondents list, either exhibit “A” or otherwise, in said actual pooling document found at the OCC. The relief sought by the cause number was “pooling.” How did the oil producer resolve to pay me a royalty? Can some form of a title search be beneficial or worth the money? I know this is a lame question, but how do I build a mineral owners only list?
Any info is awesome!
Thanks,
Dan
Dan: You are getting “analysis paralysis”.
A complete and thorough review of all the deeds and oil and gas leases filed against a section at the county courthouse takes place. After putting all that information in order, a determination is made as to who the actual owners are, their specific royalty interests noted, and a division of interest is determined. It has nothing to do with any “list of respondents” or poolings, or anything else.
The operator reviewed the records as mentioned above and determined that you owned an interest. Maybe they have the wrong Dan Williams. Do you have any knowledge of owning a mineral interest in the section in question?
Respectfully,
Todd M. Baker
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