My parents bought their house in 1989 and a well went in down the street in 2020 and it just sold to someone else. The new well owner sent them a check. Mom called the oil company and say they were not aware they had the mineral. They were told they would look into it and call them back in 24 hour. They didn’t call back so mom called and the original lady wasn’t there but left notes and they said she’s the top person on this and her note said it was good and she could cash the check. They also sent a fourm to have it auto deposited to her bank. The check they were giving has their name with “JTWROS” at the end. Does that mean the owner that first separated the land and mineral rights died with no heirs? I went to the county and pulled the book and page the well company gave me and it have my parents name on it. The house was a hud home before they bought it. The abstract first page shows surface right only.
JTWROS means Joint Owners With Right Of Survival.
The operating company does a Division Order title opinion and traces the title of the mineral rights from patent at statehood. One can ask nicely for a copy of the paragraphs that pertain to your parents title to the mineral rights. Sometimes they will give it to you and sometimes not. It would be wise to try to get those paragraphs and put in your files for the heirs.
The mineral rights and surface rights were all one bundle of sticks at patent. When the acres are sold, the mineral rights go with the surface rights unless specifically reserved by the seller. Many, many farmers and ranchers sold their mineral rights in order to save their farms or ranch land during hard times. The DO title opinion will find that information.
I did ask and was told to lookup book xxxx page xxx in the county records. It’s listed as a special warranty deed.
JTWROS is joint tenant with right of survivorship. This usually means that when the first dies the survivor has the entire interest free of claims of the decedent or his/her creditors/heirs.
Normally, but not always, in a subdivision development the mineral interests are not conveyed with the land. In your case if payment is being made then it appears that they may have a small interest.
Notice: Informational only. No attorney-client relationship is formed by this post. I am an Oklahoma-licensed attorney, but this is not legal advice. Do not share confidential facts in this public space.
Thanks for the input. I’m new to this, it looks like they have Decimal Interest: 0.00007324 in two different well head from the same location. Will the mineral rights stay in their name once they pass on or with the house when it’s sold?
If they do have the mineral rights, they can choose to keep them when they sell the house (usually). They would need an attorney to properly draft the reservation documents as they must be carefully done.
Nephew has decimal interest in Dallas. 150$ twice a year
Could be tax withholding
My deed is handwritten says surface only no minerals. And that’s how I leave it
That mineral money can cost more than u make from it