Answer: Because they have probably encountered scare tactics in the past, and want to be up front about putting the mineral/land owner at ease, or they knew that you were on this site, and that everybody listens to you. I'm guessing it was the former.
Dear Crystal,
Yes, it is possible that you “own some of the rights,” and as I previously stated, you “probably do” own all of the mineral interests owned by your father and grandfather at the time of their deaths, but wouldn’t you want to know that for sure before you sign a legal document? I certainly would if I were you, especially if the company paying for the seismic later decides to develop in your area and comes back to you asking you to sign an Oil and Gas Lease. If you just take somebody's word that you own the minerals, or if you take a chance that what somebody, including myself, says in this Forum is right without seeing proof of it, you sign an Oil and Gas Lease, and it turns out that you don't own the minerals, that could create some heartache for you. And finding out for sure before signing a legal document certainly would be the SAFE thing to do, because even seismic permit agents who DON’T pull names out of a hat DO make mistakes sometimes!
Now, if you are not a cautious person, then by all means do not waste your time reading this post, do not consider acting upon any advice that I have proffered, and do listen to those Forum members who have track records of offering flippant, hasty, incomplete, or totally inaccurate information (they know who they are).
The way you figure out for sure whether or not you inherited the mineral interests owned by your grandfather and father at the time of their deaths is to find out if either of them had a Will that was filed in Probate Court, and for each of them who did not have a Will that was filed in Probate Court apply the Mississippi laws of descent and distribution. You've already stated that your father didn't have a Will, so let's consider your grandfather.
If you cannot locate a copy of his probated Will in your personal files, then go to or contact the Probate Clerk in the county or counties where your grandfather last lived, where he died, or where he owned any property at the time of his death. If you find a Will in any of those places, then you will know exactly who inherited the minerals from him. If you cannot find a Will for him in any of those counties, then the chances are very high that either he had no Will at all or, if he did have one, nobody filed it for Probate after he died, in either of which cases you would have to apply the Mississippi laws of descent and distribution. Here are links to what appear to be the applicable sections pertinent to your scenario:
http://statutes.laws.com/mississippi/title-91/1/91-1-3
http://statutes.laws.com/mississippi/title-91/1/91-1-7
I am not an attorney and do not offer legal advice herein, but from reading your fact situation and applying my lay interpretation of these statutes, I conclude that IF the following statements are all true then you DO own whatever mineral interests your grandfather and father owned at the time of their deaths:
1. Neither your grandfather nor your father had a Will that was filed in Probate Court, or if your grandfather did have a Will that was filed in Probate Court he left the minerals to your father.
2. Neither your grandfather nor your father had a surviving spouse.
3. Your father is your grandfather's only child, either biological or adopted, and you are your father's only child, either biological or adopted.
Now if either your grandfather or your father did have a surviving spouse then you might own only a partial interest. I am not trying to confuse you, trick you, or defraud you in any way, and find it extremely disgusting that anybody would imply that I or anybody else on this Forum is. I am trying to provide as thorough a response to your request for help as possible so that you can arrive at the truth, whatever it is, before signing a legal document, and pursue the safest route possible for you.
Good luck,
P. W.
Crystal, You got some great advice. Ignore the long diatribe.
You were not advised to sign it right away. You were advised to put the ball back in their court, and ask them how they found you, and why they believe you to be the proper party to sign the permit.
Typically, they don't just send you things like that out of the blue. Not only do seismic permit agents make mistakes. Everyone does. From what you have posted so far, there appears to be some missing pieces.
If you want, let us know what their response is to that great advice I gave you about asking them how and why they sent you that permit. I'm sure they had their reasons, mistaken or not. Maybe there is something of record in Mississippi that sent them in your direction, and you aren't aware of it.
Let me know what you find out.
Some people have selective perception. They do not read what you actually wrote but what they think you wrote, or wish you wrote. Making little scenarios, of what they think you meant, instead of replying concerning what you wrote.
It also works for themselves, even when you copy and paste what they wrote to show them what they said, they say they didn't say it. It's called denial.
There is a reason my home page is not set to private, it makes it easy to search anything I've ever said here, for anyone, and I like that. My home page is not set to private, I do not fear what I say, nor is it my advertisement for business. My profit here is in learning from every person's I help situation, and the pleasure of helping itself. I have never accepted money although it's been offered. Trust who you like.
Dave, wonderful job of deleting your post, where you said you didn't recall me advising that Crystal needed a hold harmless clause. Like I said, some people fear what they say. I shall not fail to quote you in future.
Not at all. At the time, I was replying to a post by you. You seemed to imply that the Seismic Permit was something she should not sign, or did you say it outright? I then just tried to interject some balance, and said that, hold on I will go read it...
"They are not always trying to trick you or defraud you." Why would that apply to anyone here? I was referring to the offer she got. Crystal even called it "sneaky". That's another reason I wrote it. It just looked like a Seismic Permit to me.
Dear Ms. Gentry,
What has not been discussed is consideration for execution. I do not think that I have ever granted a permit for free. I know that I have never acquired one for free.
It is a lot about building a confidence in the base of landowners. The permit price is really pretty small potatoes in the overall scheme of seismic exploration. Some will want to disagree, but I would ask for money.
Dear Ms. Gentry you have several good pieces of information here,1 ask for consideration(money,if only a token amount)2 ask how they found you.3 the hold harmless clause,the neighborhood I live in had a seismic survey.The company that did the survey had a very explicit hold harmless clause that was completely spelled out.Good luck in your endeavor.
Spoke to the Landsman yesterday and apparently I have inherited 50% of the mineral rights to this property. They are going to do the Seismic on 120sq miles of property and need only one of the mineral right (owners) of each property, to sign for Seismic Permit. The surface owners are getting 10 an acre and mineral owners are not compensated for signing this permit. Once they decide where to drill, they will send out lease agreements to those property/mineral owners.
It’s like the lottery, 52 acres out of 76,800 haha... Thanks for everyones help!!
That sounds similar to Texas. Any undivided mineral owner can grant permission. Glad you found out something about your source of title.
Best of luck.
Dear Ms. Gentry,
Just remember now that if they come back, the price to play poker should go way up if they are looking for locations post 3-D. I try to double the pre shoot price in the area. Sometimes more, much more.