How do I find out the current status of my mineral interest located W/2 of Sec 54, Blk. 25, H&TC RR Co. Survey in Borden County, Tx? My grandfather Richard Delaney owned the rights originally, he died without a will so it passed down to my grandmother Grace Delaney and then to my mother Joyce Delaney McGuire who both died without a will thus passing down to myself (her son) and my other siblings. I heard that Highpeak has permitted for horizontal drilling in that Section but has not yet contacted me. Should I assume Highpeak will be contacting me in the future? Any input would be appreciated. Thank you.
Have you and your siblings established title in the deed records? Texas intestacy statutes determine who inherits real property when someone dies without a will, but that does not give you clear title.
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Hello,
I did a quick check on this - your grandmother had conveyed her ownership in Section 52 and 53 (1998), but I don’t believe section 54 would have been included in this. There are some wells drilled / permitted in that section.
I wouldn’t assume that all the title documentation needed in recorded in Borden County to reach you. I would reach out to HighPeak owner relations (Land Owners | HighPeak Energy) and ask them if they could review the owners listed on the following properties (VERDEL 42-54 A UNIT) and the BUCHANAN 68-54 A UNIT (Both appear to potentially be in the W/2 of section 54. See if they will search for the names you listed in the title, and see if there are any requirements currently needed. If your grandmother and mother both died without a will, affidavits would be needed, along with death certificates at a minimum. I would start with owner relations, and if you struggle to navigate this, seek out assistance from a landman that can help you navigate these waters.
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Thank you very much for responding. MR ownership is not in question. Title search will show our ownership. We have had 2 different companies reach out to purchase our mineral interest. We have all declined the offers.
Thank you. How can I search to see exactly the total amount of minerals conveyed from grandmother down to my myself and my siblings. Honestly unsure as to the exact amount we own. The recent letters we received in the recent past few weeks from the company’s who offered to buy our rights stated my interest amount I own and state my minerals were located in W/2 Section 54, Block 25 of H & TC RR Co Survey. Need to verify my actual mineral ownership amounts.
Texas has been a community property state since the 1840s. Dying intestate (without a will) in Texas puts a different slant on things. Because of this, if your grandfathers property (the mineral rights) were owned solely by him, they did not automatically pass to your grandmother. They would have passed 50% to your grandmother and 50% divided equally to their children. If your grandfathers mineral interest was owned jointly with your grandmother, then she would have received 100%.
If we assume he owned them solely, then your grandmother only had 50% to pass equally to all her children. So, your mother would have inherited a % from your grandfather (depending on how many siblings she had, and then an extra % from your grandmother when she passed. It is rather hard to explain without knowing children, siblings, and so forth. The changes should have been recorded at the county courthouse with the probate from each death. And, yes, one is required to file probate paperwork whether there is a will or not, which gives the authority to a person by issuing a Letters of Administration for them to be able to pay bills, sell property, etc to settle the estate.
You keep saying you own the mineral rights, but I suggest you figure out who owns exactly how much before doing anything with or about mineral rights. Each person involved will have to deal with their own interest; you might sell yours, but your aunt or your brother might not want to. And, you can’t sell what you (specifically) don’t own.
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You are going to need a full title workup if this is the information you want. I would consider that past the line of trying to DIY, vs hiring someone who does this type of work. The language in deeds can be complicated, and you really would need to find a landman who would work for you on a day rate to work this up. The online records can be indexed wrong, so you may need someone to actually go to the courthouse and pull these records.
You could attempt to coax the operator to provide the snippet from their DOTO specific to your families ownership, but that would probably be met with resistance, and you may not really get the information you’re looking for.
You could also ask the buyers to provide you their workup, but they most likely will not. Their workup is most likely brief and built off of potential assumptions. They would not do a full workup until you have agreed to sell - as it doesn’t make sense for them to spend the money of title work, unless they are able to buy it.
Sorry I cannot provide you much more.
Thank you. I agree. Appreciate your input.
Surface rights can be better than mineral rights if you don’t want them drilling on your property
In most states, the mineral rights have dominance over the surface rights. Unless you have both the surface and minerals, the mineral rights have the right to drill with some limits on how close to structures such as barns and houses.
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You can make it very difficult to drill on your surface rights