Not for sure on that one but I would go ahead and file a statement of claim in order to cover all your bases.
Yvonne A said:
A mineral deed was done just this year before this notice was posted. Is that adequate, or I suppose it wouldn't hurt to file a claim anyway?
r w kennedy said:
I think I can point you in the right direction on this one. They have to send notification to the last known address, probably taken from a deed, probate, lease etc. If your address is up to date (the same as whatever is on your deed /claim/last lease ) you should have received notice. As Charles said, you have to file the statement of claim in any case, with up to date contact information, if you want to keep and protect your minerals, I would be bending my efforts in that direction first.....then worry about the how and why and whether they were doing a proper job of claiming your minerals.
Yvonne A said:
The notice was in the Hettinger Herald, they do not have online access. In addition to a notice, aren't they suppose to notify you by certified letter?
Yvonne A, If the deed was put into your name and recorded only recently, they may have done their research before your deed was recorded (it is recorded isn't it ?, it does no good sitting in the desk drawer, you have to tell the world). If you have a freshly recorded deed it should restart the 20 years. You might help yourself by taking pity on these people and letting them know that their information is bad or incomplete, if they actually get to the point of trying to perfect title in court, you may have to hire a lawyer of your own to refute their claim. If your warantee deed is freshly recorded it should protect you, unless it was done too late, and these people already suceeded to your mineral interest. When was this notice posted ? Even if you are somewhat late, I think you can recover your minerals if the surface owner has not perfected title through a quiet title action, but you may have to pay them reasonable lawyers fees and court cost. When was the notice and when did you record the deed ?
The mineral deed was recorded Aug. 29, 2011 and the notice was posted last week.
r w kennedy said:
Yvonne A, If the deed was put into your name and recorded only recently, they may have done their research before your deed was recorded (it is recorded isn't it ?, it does no good sitting in the desk drawer, you have to tell the world). If you have a freshly recorded deed it should restart the 20 years. You might help yourself by taking pity on these people and letting them know that their information is bad or incomplete, if they actually get to the point of trying to perfect title in court, you may have to hire a lawyer of your own to refute their claim. If your warantee deed is freshly recorded it should protect you, unless it was done too late, and these people already suceeded to your mineral interest. When was this notice posted ? Even if you are somewhat late, I think you can recover your minerals if the surface owner has not perfected title through a quiet title action, but you may have to pay them reasonable lawyers fees and court cost. When was the notice and when did you record the deed ?
It sounds to me like they missed it. Searching records isn't as easy as it seems, professionals have made mistakes when looking for my ownership and missed some parcels altogether. If these people were doing the search themselves to save money, they could have easily missed your deed. I still think it might be a good Idea to write them a letter and point your deed out to them ( give them the document number ), with tracking, so that if they are dumb enough to continue there will be no doubt that their costs are their own.
Yvonne A said:
The mineral deed was recorded Aug. 29, 2011 and the notice was posted last week.
r w kennedy said:
Yvonne A, If the deed was put into your name and recorded only recently, they may have done their research before your deed was recorded (it is recorded isn't it ?, it does no good sitting in the desk drawer, you have to tell the world). If you have a freshly recorded deed it should restart the 20 years. You might help yourself by taking pity on these people and letting them know that their information is bad or incomplete, if they actually get to the point of trying to perfect title in court, you may have to hire a lawyer of your own to refute their claim. If your warantee deed is freshly recorded it should protect you, unless it was done too late, and these people already suceeded to your mineral interest. When was this notice posted ? Even if you are somewhat late, I think you can recover your minerals if the surface owner has not perfected title through a quiet title action, but you may have to pay them reasonable lawyers fees and court cost. When was the notice and when did you record the deed ?
It sounds to me like they missed it. Searching records isn't as easy as it seems, professionals have made mistakes when looking for my ownership and missed some parcels altogether. If these people were doing the search themselves to save money, they could have easily missed your deed. I still think it might be a good Idea to write them a letter and point your deed out to them ( give them the document number ), with tracking, so that if they are dumb enough to continue there will be no doubt that their costs are their own.
Yvonne A said:
The mineral deed was recorded Aug. 29, 2011 and the notice was posted last week.
r w kennedy said:
Yvonne A, If the deed was put into your name and recorded only recently, they may have done their research before your deed was recorded (it is recorded isn't it ?, it does no good sitting in the desk drawer, you have to tell the world). If you have a freshly recorded deed it should restart the 20 years. You might help yourself by taking pity on these people and letting them know that their information is bad or incomplete, if they actually get to the point of trying to perfect title in court, you may have to hire a lawyer of your own to refute their claim. If your warantee deed is freshly recorded it should protect you, unless it was done too late, and these people already suceeded to your mineral interest. When was this notice posted ? Even if you are somewhat late, I think you can recover your minerals if the surface owner has not perfected title through a quiet title action, but you may have to pay them reasonable lawyers fees and court cost. When was the notice and when did you record the deed ?
I just checked the NDRIN with the given info I had for the recording date in Hettinger County, and I did find what I believe to be your Mineral Deed, and it was recorded on that exact date you posted.
The document should protect you from the surface owner making claim to the minerals you own.
However, if you don't own all 160 net acres, there could possibly be a claim made by the surface owner, to whatever claim might not be current with the 20 year rule, with other mineral owners from that quarter of land. I've heard of surface owners that get bits and pieces of mineral acreage, if not all claimants are found or updated.
I think the counties are pretty careful if claims are made and mineral owners aren't found, before they would turn over the claim to the surface owner. With Hettinger County being in a less active oil play at the moment, I think they would be on top of their game making double sure.