New inheritor here. I’ve found paperwork from an operator, dated Jul 2015, with header: “REQUIREMENT #30”. There’s a list of extended family members & a paragraph description of how “I” (who ever that is) determined each heir’s intestate share, based solely on cash bequests made by the original owner back in 1937. The Will and Final Decree did not list or transfer any mineral interests. HOWEVER, those family members, that received bequests, later deeded minerals to my ancestor. I have nma’s from research performed by a Landman my family hired back in the early 90’s. The operator has multiple new horizontal wells in 11-2N-4W and the DOI is Significantly lower than what I’ve calculated. The letter goes on to state: “REQUIREMENT A: Require the current owners of this interest to obtain and record a judgement pursuant to 84 O.S. 257”…, and quieting their title…" I’ve looked at OKCountyRecords and none of my family members has recorded anything related to this since 2015. How do I get this difference in DOI resolved with the operator?
I am a landman for a mineral management firm and we face issues like this quit often. We would first obtain all relevant title documents related to your interest from patent to current so you can provide proof of your claim. If the operator still believes a quite title suit is needed to cure tile defect, we would then put you in touch with an attorney to resolve the issue. When your family paid a landman back in the 90’s to perform a title search, what documents were given to you to support his outcome?
I have found a notebook with the notes by the Landman. I’ve looked the documents up at OKCountyRecords.com.
Typically a Will contains a residue or residuary clause. For all other stuff (real or personal property) owned by the testator (Will drafter). If mineral interests were not listed in the probate order, then it may be possible to file certain paperwork to link the title to that property.
84 O.S. Section 257 is " Section 257 - Actions to Determine Persons Entitled to Real Property - Description of Parties - Publication of Notice" It is an alternative to a probate case and is not widely used. It may be possible to satisfy the title examiner by other means. such as a 58 O.S. §692.1 Omitted Property - Title Established filing.
Who is the operator? It sounds like the requirement is fairly recent but your best bet is to get with someone like R_Heston or another title landman that can provide a full title report to you. You would then want to bring this to a division order analyst at the company operating the well in your section.
Sometimes they will waive the requirement, but being that it sounds like the current operator is the one who originally requested the curative be done, it’s likely they will hold their ground.
Having a full title report done and a quiet title to clear up any portion of the interest that isn’t currently being credited to you shouldn’t cost much more than $2-$4000.
Depending on the size of your interest it could definitely be worth the upfront cash to have it done.
Munson & McMillin is a great office and they are easy to work with.
Richard, I have started a new topic in Garvin Co… I would appreciate if you would give me your opinion on it please. Thanks, Linda Rigtracker
Linda: Didn’t see it. Keep in mind that I only make comments and not opinions online. A forum is a poor place to discuss sensitive legal issues.
Thank you Richard and BDMaul. I have reached out to a Landman to do a title search for me. I will save your comments in my file and followup when I get it completed.
Richard, thanks anyway, it really wasn’t something we needed legal advice on (just an opinion) and I think we have figured out what my friend wants to do. The friend is going to sell her minerals and the buyer wanted her to sign the buy/sell agreement and at the same time sign and let the buyer’s representative notarize the deed. She told my friend that she could keep the deed until closing but that she (the rep.) would take a picture or copy it so that their company could write the check to give to her at the closing and they would get the original then. My friend was not comfortable with it so she went to the courthouse yesterday and asked them in the records office if they would record a copy like that. The lady said if we know it’s a copy we wouldn’t but the trouble is that some copy machines make such good copies that we can’t tell. Especially since the notaries have a smooth stamp instead of the indented one of old it makes it harder to tell the difference. In that case she said they would probably mistake it for an original and record it. So my friend said she was going to ask the buyer rep. if she could lay a little piece of paper across the bottom that said something like “this is a copy made for information and not a legal document”. The recording office said that was a good idea so I think that’s what she will do. I’ve not been asked to do that with any sale of minerals but the buyers said they like to do it that way. I told my friend that maybe she should ask the buyer to let her have the signed check and take a picture of it to run through her bank to see if it was good before she gave her the deed. lol Teasing of course. I know you can now take a picture of a check and deposit it in your account. She does plan to check on whether the check is good before accepting it. My friend said that when she worked in a bank people could call and see if a check was good and by the time it reached the bank the check writer could take the money out. My friend said “We could just meet the buyer at their bank and cash it there.” Anyway, I thank you for your reply but my friend, I believe, has made up her mind if they won’t let her add that it is a copy to the picture then she won’t go for it. It’s probably ok but we just didn’t want to take the chance. Best Wishes, Linda