Division Order Opinion

Until yesterday I had never heard the term Division Order Opinion. Is it unusual for such an order to be issued and those involved were never notified? Papers were sent to the operator a year ago and I stumbled across this purely by accident. The opinion changes what we filed of record as to ownership. All parties involved agree, but evidently the attorney does not. Am I entitled to see a copy of the reasoning?

Hi Kathleen!

A Division Order Title Opinion is prepared for every Well or Unit. It differs from a Drill Site Title Opinion in that it much more thorough and covers and includes every tract that is included in the finalized Unit.

A Division Order Title Opinion sets out every owner of every type of interest: Who the Working Interest Owners are, who the Surface Owners are, who the Mineral Interest Owners are, who the Royalty Owners are, everybody.

The Royalty Division Orders that everyone receives is prepared using the interests set out in the Division Order Title Opinion.

All Title Opinions are the property of the company, so you are not especially "entitled" to see it. The company, however, may be willing to send you a redacted copy of the parts of the Title Opinion regarding the interests you have under review.

If they don't agree with your and your other parties' point of view, you may need to have your own Title Run Sheet(s) and Title Opinion drawn up to submit to the company. That and, very possibly, engage the services of an experienced Oil and Gas and Civil Litigation Attorney to represent you in your efforts to convince the company and it's Examining Attorney that your point of view is the correct one.

Bear in mind that as long as there is no agreement between the parties, the company will hold all of the subject royalties in suspense. It may become quite expensive to accomplish what you want to accomplish before you receive any royalties.

Hope this helps -

Charles

So, even though all of us agree that my sister and I should be sole owners, there is no way that my niece can transfer her rights to us? That seems to be the only problem on the division order. Can we buy it from her? Or is that impossible too. I would have thought that when I sent the deed quit claiming it from Lisa to us, they would have had the courtesy to tell us it didn’t work. I’m really concerned now, because my California attorney has suggested that I transfer my sole interest to the trust my husband and I have. I have been diagnosed with a fatal disease and am trying to get things in order. What is they don’t access the trust?

Hi, Kathleen!

I know about your illness. Although I haven't heard from you lately, we've been writing back and forth for months.

Is the Quit Claim Deed from your sister Lisa to you and your sister filed of record in the County Clerk's Office? If so, you will need to obtain a certified copy of it from the County and send it to the company to have Lisa's interest vest into you and your sister.

If the company or their Attorney still thinks your niece owns an interest, you can have her quit claim her interest to you and your sister.

If you want your interests shown as being owned by the trust, you need to send them a certified copy of the Deed from you into your trust.

Charles Tooke

Charles, I’m sorry I didn’t put two and two together! I sent them a certified copy of the quit claim deed last April. That’s why I can’t understand why they didn’t change their records. THey have had it for a year. I don’t know what more to do although I wrote to the VP in charge of customer relations, maybe she can give me a hint!

I'm sure she will write you back. When did you write her?

Do you have a copy of the Quit Claim Deed you can send me?

I just this morning. My scanner is on the blink here in Idaho. If you will send me a fax on private messenger, I’ll send to you. Thanks once again

If you only sent it this morning, you might want to give her a chance to respond.

If you would like me to touch bases with her for you, I can do that.

Send the document to ■■■■, that's the fax # for the FedEx Office around the corner from my house. If you will include my phone number ■■■■ in your cover sheet, they will call me when it arrives.

Include the lady's name and contact info that you sent it to so I can get in touch with her.

Will do, Charles. Thanks again

Anything you need, anytime you need it.

Did you go on your trip?

Dear Mr Tooke. Kathleen is my older sister and she has been taking care of this while I happily sit back and glad that she does. However, she is now ill and Her trying to take this on again worries me, so I wanted to thank you for all the help and guidance you have given her. This is all new to us and we really don’t know how to proceed but this forum has been very helpful and you particularly. Thank you! Lora Mannie

It's been a complete pleasure, Lora!

I am sending you an invitation to become A Friend on The Forum so I can send you my private contact information. Kathleen has had it for a while now.

Charles

Be happy for a new friend! I’m on the forum as a member but not a friend. Thanks for the invite. Lora

We are all Members, but we can make "Friends" on The Forum.

If you accept my invitation, we can write to one another privately rather than here on the open forum.

That's how I mostly communicate with Kathleen, although she also has my email address.

How do I accept your invite? I don’t see anything but the texts you sent.

Look for your personal "page". I think you have to click on your own name where it appears in blue. Look for "Inbox" and you should find my invitation. Either that or click on my name where it appears in blue and then try and send me a message. It will tell you that you have to send me an invitation to become A Friend first.

I thought I had ‘friend’ you on my personal page. Hope it worked. Thanks for all your help. Lora

Hi, Lora! I have you as a friend, but appear to be having trouble writing you. Please check your "Inbox".

I finally figured out how to get back to you. I hate this new update, but guess I’ll get used to it. They are finally fracking. The neighbor says there is equipment all over. I guess we are on track. I sent the documents to the title company to file for the trust. Want to be sure that is back before the division orders are here. How is your health?