Information for anyone that owns minerals or for people that know someone that owns minerals in Dimmit County, Texas, Bermuda Colony Subdivision, Abstract 149, 150, 151, 154, and 155. There has been a Trespass to Try Title by adverse possession Cause No. 13-04-11947-DCVAJA to claim the surface and minerals in most of the tracts in this area. The Citation for Publication is running in the Carrizo Springs Javelin Newspaper and started in the June 5, 2013 publication. We thought we would share this information with everyone just in case you don’t know about the suit, because if you don’t answer the suit then it is possible to lose your minerals to the people that filed the suit.
2578-CitationByPublicationDixondaleSuit61213.pdf (1.35 MB)Thanks Bob (or better guess Donna - how is the bottle fed steer doing?),
Here is the deal == and it is going on strongly near the town of Cotulla in LaSalle county as well.
Some speculators came in and divided up the land years ago, sort of like the land swindles where New Yorkers were buying Florida swamp lands. TYPICALLY, when the lands were sold to the northerners, the seller reserved 1/2 of the minerals. During the depression, nobody claimed, paid taxes on the property, did not habitate it, use if for anything, did not fence it and allowed the ranchers who were living and working down there to go ahead and fence in the whole subdivision and start running cattle. This was pretty much all the land was really good for and it was not very good for that.
So here comes the Eagleford shale and wells are needing to be drilled. Since in most cases the minerals were severed as to 1/2, then that 1/2 owner(s) minerals are safe from AP. However, the folks who left in the depression still have record title to the land in a competing chain.
So, in order to perfect title, the landowner who is in possession of the surface is claiming title to the surface and 1/2 of the minerals (that was owned by the landowner when he walked off) by adverse possession. In Texas, possession of the severed portion of the minerals must be done by actually producing the minerals for 30 years. There is a LOT more to it than that.
Some heirs are getting notices of suits and are trying to prove their right as an heir to the depression landowners and fight, or never receive notice (hence the reason for publication in the paper designated as the county journal). A Trespass to try title suit is the mechanism for removing the cloud on title.
Tough to fight when someone else has been possessing grand dad's land for the past 80 years or so, but there certainly could be compromises to be made.
The notice by publication sounds reasonable given the fact that it would not be reasonable for the plaintiffs to track down and serve with process all of the possible heirs that may be involved.
It's good that someone is trying to clear up the title to something like that. Should make things easier for future landmen.
How can you fight a huge wealthy family that has claimed thousands of acres for 60 yrs ( our case they have claimed) We know that a section had oil- gas leases in 1964. It’s so frustrating that we were notified out of the blue that we were being sued $100,000 if we didn’t sign our shares away . We hired 2 different lawyers 1 1/2 yrs later still perusing the suit.
It’s mind boggling how so much of this land has been used and claimed by the same family. I’m sure in 1908 Harry Landa had no idea how much of a mess this acreage would be in 100 yrs later when he saw himself see the idea of the “orchard” fiasco lasting this long!
I've seen the quiet title suits being advertised in the Stillwater Newspress in Payne Co, OK, as well. The first one I saw showed the (?surface owners?) name, & he is actually a local attorney. Interesting. Not sure if he owns the surface or has figured out a way to lay claim to the minerals underneath a parcel.