Greetings All! I have just learned that I have inherited my parents' Harrison County mineral rights. How can I get a copy of the actual lease so I know how to intelligently negotiate? Or for that matter, to know exactly what is involved. I checked the document inquiry for Harrison County but it only shows my parents' assignment of deed. It indicates 3 tracts but the locations are vague, i.e. from chestnut to x number of poles, etc. I would like to get my hands on the actual lease so I can be in a better negotiating position. Many thanks for any and all replies!
Why don't you ask the Lessee to send you a copy?
Good luck,
Pat
Pat:
I know I am kinda button in on your conversation here; but, as you say this would be step one and from there, the second step would be to the local attorney if in fact there was an attorney involved; but, from there, it isn't going to be very easy. For the most part these guys don't really have to cooperate with the individual mineral owner and since they don't have to, they want the mineral owner to stay in the dark as long as possible and hopefully forever. These days, at least in all my dealings, there will be a Memorandum filed in the court house with basically no information to help and that is the way they want it. To a big degree the attorney's are just as much at fault for filing Memorandum's instead of filing the actual lease as the oil companies since both want to keep the lease clause information secret, maybe for different reasons; but, none the less, the lease information is buried deep in a file cabinet somewhere. Don't give up with one call, stay on their case, daily or at least weekly, you may finally get someone that is willing to help you.
This is just one more good reason for those of us that are still around to keep our records as up-to-date as possible and keep the important stuff in a bank lock box or at least in a file drawer where the next generation can find it. IMO, the full unabridged oil lease is just about as important as the other property deeds, lock box goes a copy of the original along with a copy of the filed memorandum.
Ms. Pat Malone said:
Why don't you ask the Lessee to send you a copy?
Good luck,
Pat
Hi Criss -
If you will send me what information you have about the properties and your parents' names, I will be happy to see what I can dig up for you.
The "chestnut to x number of poles, etc" are called Metes and Bounds Legal Descriptions. What you describe appears to be quite an old one, but nonetheless valid. There may be a more modern description in the paperwork.
If your parents were receiving royalty checks, it would be a big help if you could include a copy of the last month's worth of those.
If you want to send everything privately, accept me invitation to become A Friend on The Forum and I can send you my email address that way. They have rules about that sort of thing.
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
Memorandums in lieu of actual instruments are very common. That is the first time I have ever heard it expressed as being anyone's fault. In fact, many times the oil company has no choice or say in the matter. It is often stipulated or insisted in the clauses that lessor is wanting, that a Memorandum be filed, and not the actual lease. If the lessee ignores a stipulation or a clause like that, they will be in breach of contract.
Going back to your original question, if a lease out of your parents is not showing up, but a conveyance of deed is, there may not be a lease. Do you know that they have leased it previously?
Bigfoot said:
Pat:
I know I am kinda button in on your conversation here; but, as you say this would be step one and from there, the second step would be to the local attorney if in fact there was an attorney involved; but, from there, it isn't going to be very easy. For the most part these guys don't really have to cooperate with the individual mineral owner and since they don't have to, they want the mineral owner to stay in the dark as long as possible and hopefully forever. These days, at least in all my dealings, there will be a Memorandum filed in the court house with basically no information to help and that is the way they want it. To a big degree the attorney's are just as much at fault for filing Memorandum's instead of filing the actual lease as the oil companies since both want to keep the lease clause information secret, maybe for different reasons; but, none the less, the lease information is buried deep in a file cabinet somewhere. Don't give up with one call, stay on their case, daily or at least weekly, you may finally get someone that is willing to help you.
This is just one more good reason for those of us that are still around to keep our records as up-to-date as possible and keep the important stuff in a bank lock box or at least in a file drawer where the next generation can find it. IMO, the full unabridged oil lease is just about as important as the other property deeds, lock box goes a copy of the original along with a copy of the filed memorandum.
Ms. Pat Malone said:Why don't you ask the Lessee to send you a copy?
Good luck,
Pat
Pat, the Lessee has changed hands a few times. Originally HG, and now American Energy which just merged to form the American Energy Appalachian entity. I seriously doubt that they will cooperate in providing the original lease. I read through most of these blogs and it doesn't seem the companies are very cooperative in providing the necessary information.
Ms. Pat Malone said:
Why don't you ask the Lessee to send you a copy?
Good luck,
Pat
Hi, Dave. Our family Trust just received a royalty check in December and taxes are due for the second half of 2014. My parents transferred assignment to to our family Trust and ultimately to myself and two siblings. The rights were orignally leased to HG which is now American Energy. The Trust received a royalty check in December and taxes are due for 2nd half of 2014. So yes, the rights have been leased.
Dave Quincy said:
Memorandums in lieu of actual instruments are very common. That is the first time I have ever heard it expressed as being anyone's fault. In fact, many times the oil company has no choice or say in the matter. It is often stipulated or insisted in the clauses that lessor is wanting, that a Memorandum be filed, and not the actual lease. If the lessee ignores a stipulation or a clause like that, they will be in breach of contract.
Going back to your original question, if a lease out of your parents is not showing up, but a conveyance of deed is, there may not be a lease. Do you know that they have leased it previously?
Bigfoot said:Pat:
I know I am kinda button in on your conversation here; but, as you say this would be step one and from there, the second step would be to the local attorney if in fact there was an attorney involved; but, from there, it isn't going to be very easy. For the most part these guys don't really have to cooperate with the individual mineral owner and since they don't have to, they want the mineral owner to stay in the dark as long as possible and hopefully forever. These days, at least in all my dealings, there will be a Memorandum filed in the court house with basically no information to help and that is the way they want it. To a big degree the attorney's are just as much at fault for filing Memorandum's instead of filing the actual lease as the oil companies since both want to keep the lease clause information secret, maybe for different reasons; but, none the less, the lease information is buried deep in a file cabinet somewhere. Don't give up with one call, stay on their case, daily or at least weekly, you may finally get someone that is willing to help you.
This is just one more good reason for those of us that are still around to keep our records as up-to-date as possible and keep the important stuff in a bank lock box or at least in a file drawer where the next generation can find it. IMO, the full unabridged oil lease is just about as important as the other property deeds, lock box goes a copy of the original along with a copy of the filed memorandum.
Ms. Pat Malone said:Why don't you ask the Lessee to send you a copy?
Good luck,
Pat
What are you needing to negotiate? It sounds like the lease is held by production. If you want a copy of the lease, contact the clerk's office in Harrison County and give them the information and ask them to mail you a copy. I think the county seat is Marshall, Texas. It is possible they might charge you a search fee since you don't know the volume and page. If the lease is filed, it will show you the royalty, but not what was paid per acre. If only a Memorandum is filed, it will show only the legal description, and the original term of the lease, but no specific terms such as bonus or royalties. The typical oil and gas lease is for a certain primary term, or as long as it is producing.
Criss Wall said:
Hi, Dave. Our family Trust just received a royalty check in December and taxes are due for the second half of 2014. My parents transferred assignment to to our family Trust and ultimately to myself and two siblings. The rights were orignally leased to HG which is now American Energy. The Trust received a royalty check in December and taxes are due for 2nd half of 2014. So yes, the rights have been leased.
Dave Quincy said:Memorandums in lieu of actual instruments are very common. That is the first time I have ever heard it expressed as being anyone's fault. In fact, many times the oil company has no choice or say in the matter. It is often stipulated or insisted in the clauses that lessor is wanting, that a Memorandum be filed, and not the actual lease. If the lessee ignores a stipulation or a clause like that, they will be in breach of contract.
Going back to your original question, if a lease out of your parents is not showing up, but a conveyance of deed is, there may not be a lease. Do you know that they have leased it previously?
Bigfoot said:Pat:
I know I am kinda button in on your conversation here; but, as you say this would be step one and from there, the second step would be to the local attorney if in fact there was an attorney involved; but, from there, it isn't going to be very easy. For the most part these guys don't really have to cooperate with the individual mineral owner and since they don't have to, they want the mineral owner to stay in the dark as long as possible and hopefully forever. These days, at least in all my dealings, there will be a Memorandum filed in the court house with basically no information to help and that is the way they want it. To a big degree the attorney's are just as much at fault for filing Memorandum's instead of filing the actual lease as the oil companies since both want to keep the lease clause information secret, maybe for different reasons; but, none the less, the lease information is buried deep in a file cabinet somewhere. Don't give up with one call, stay on their case, daily or at least weekly, you may finally get someone that is willing to help you.
This is just one more good reason for those of us that are still around to keep our records as up-to-date as possible and keep the important stuff in a bank lock box or at least in a file drawer where the next generation can find it. IMO, the full unabridged oil lease is just about as important as the other property deeds, lock box goes a copy of the original along with a copy of the filed memorandum.
Ms. Pat Malone said:Why don't you ask the Lessee to send you a copy?
Good luck,
Pat