# Help needed

**URL:** https://www.mineralrightsforum.com/t/help-needed/25139
**Category:** General Mineral Rights Discussion
**Created:** [May 8, 2018, 6:43pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139 "2018-05-08T18:43:28Z")
**Posts on this page:** 11
**Page:** 1

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### Author: ![Christine\_Buzek](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/c37758/32.png) [@Christine\_Buzek](https://www.mineralrightsforum.com/u/Christine_Buzek)
#### Post date: [May 8, 2018, 6:43pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/1 "2018-05-08T18:43:28Z")

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About a month ago, EQT Production Company contacted me with a lease agreement for land that was in my great uncle’s name, in Springhill Township, Green County, Pennsylvania. 52.48 acres.

They have confused the family lines and have nieces and nephews listed on this lease agreement as well as stepchildren, but not my uncle’s daughter.

They are not listening to me about this people mix up. I have been doing the family genealogy for 20 years.

What do I do? They want to sign the lease with me and not the rightful heir?

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### Author: ![Ms\_Pat\_Malone](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/ms_pat_malone/32/4499_2.png) [@Ms\_Pat\_Malone](https://www.mineralrightsforum.com/u/Ms_Pat_Malone)
#### Post date: [May 9, 2018, 5:03pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/2 "2018-05-09T17:03:36Z")

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Tell them you won’t sign until their title search comes up with the rightful heirs. (They are thinking that you don’t know what you’re talking about.)

Don’t waste your time if you’re not a rightful heir. You can’t “pound” sense into these people.

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### Author: ![Ms\_Pat\_Malone](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/ms_pat_malone/32/4499_2.png) [@Ms\_Pat\_Malone](https://www.mineralrightsforum.com/u/Ms_Pat_Malone)
#### Post date: [May 9, 2018, 5:25pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/5 "2018-05-09T17:25:35Z")

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I agree. “Grab” it and go.

Don’t forget to send us a postcard from Paris.

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### Author: ![Christine\_Buzek](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/c37758/32.png) [@Christine\_Buzek](https://www.mineralrightsforum.com/u/Christine_Buzek)
#### Post date: [May 9, 2018, 5:42pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/6 "2018-05-09T17:42:11Z")

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Thank you for the help!

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### Author: ![Christine\_Buzek](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/c37758/32.png) [@Christine\_Buzek](https://www.mineralrightsforum.com/u/Christine_Buzek)
#### Post date: [May 10, 2018, 3:23pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/7 "2018-05-10T15:23:44Z")

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This was their reply to my question about a title search: “We paid thousands of dollars for the title work, we’re not interested in just giving it away.”

Can they use the land without all the lease papers being signed? So it doesn’t matter what I do about the lease? Thank you so much.

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### Author: ![Charles\_Cunningham](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/f05b48/32.png) [@Charles\_Cunningham](https://www.mineralrightsforum.com/u/Charles_Cunningham)
#### Post date: [May 10, 2018, 3:39pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/8 "2018-05-10T15:39:11Z")

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You would have to ask a Pennsylvania O & G attorney about that. Sounds like they need to ask for their money back.

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### Author: ![Sam](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/s/5f9b8f/32.png) [@Sam](https://www.mineralrightsforum.com/u/Sam)
#### Post date: [May 10, 2018, 3:57pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/9 "2018-05-10T15:57:59Z")

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It is my understanding that it would go by your great uncle’s will and flow down from there. If there wasn’t a will and his spouse and child(ren) survived then 50% would go to the spouse and 50% the child(ren) would split. If there wasn’t a will and no living spouse then the children would split. If no spouse or children then the siblings would split (I don’t know who it would go to if the parents were alive as well). If he had 6 siblings and 1 sibling had passed before him the spouse or children of the deceased sibling would split that person’s portion. If the deceased sibling had no spouse/children that portion would be split between the siblings equally. It can get very convoluted and depends on if there is a will or not.

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### Author: ![Sam](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/s/5f9b8f/32.png) [@Sam](https://www.mineralrightsforum.com/u/Sam)
#### Post date: [May 10, 2018, 4:00pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/10 "2018-05-10T16:00:56Z")

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Sorry. Replied to the wrong post 🙂

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### Author: ![Christine\_Buzek](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/c/c37758/32.png) [@Christine\_Buzek](https://www.mineralrightsforum.com/u/Christine_Buzek)
#### Post date: [May 10, 2018, 5:34pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/11 "2018-05-10T17:34:24Z")

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Sam…I needed to read your reply. Thanks.

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### Author: ![Buddy\_Cotten](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/buddy_cotten/32/5079_2.png) [@Buddy\_Cotten](https://www.mineralrightsforum.com/u/Buddy_Cotten)
#### Post date: [June 8, 2018, 5:49pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/12 "2018-06-08T17:49:21Z")

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You have gotten less than good advice. In most jurisdictions, striking the warranty does little good in an oil lease.

See here for a blog post from years ago. This was written specifically for Texas, but it’s generally applicable in most Common Law states:

> [@Warranty of Title in an Oil & Gas Lease](http://www.mineralrightsforum.com/t/warranty-of-title-in-an-oil-gas-lease/24847):
>
> What is a Warranty of Title in an Oil and Gas Lease (OGL) and what are its implications? A warranty is an assurance by one party to the other party that specific facts or conditions are true or will happen; the other party is permitted to rely on that assurance and seek some type of remedy if it is not true or followed. In an OGL a warranty of title provision creates only a covenant of warranty, a promise to defend the lessee against future lawful claims and demands. Therefore, the warranty of…

Best,

Buddy Cotten

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### Author: ![Kenny\_DuBose](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/kenny_dubose/32/5102_2.png) [@Kenny\_DuBose](https://www.mineralrightsforum.com/u/Kenny_DuBose)
#### Post date: [April 4, 2019, 7:53pm UTC](https://www.mineralrightsforum.com/t/help-needed/25139/13 "2019-04-04T19:53:40Z")

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