my parents had some property but before they both passed on they sold the land but not the mineral or surface . Has been two years , which i myself didn`t know that my sibling knew of the mineral rights ,etc. Sibling lease the land to an oil co. without letting me know, for the past year but then that Oil Co. was bought out from this new Oil Co. that was digging alittle deeper and wanted to be sure everything was in order and found that instead of 1 Heir there were 2 Heirs and that would be (me) . i was furious ,but oh well ,,
called Oil Co. and they said i would have my own lease under my name but what i don`t understand can we have Two different leases for the same property under same Oil Co.
Sounds like your sibling is like my no good dirty scummy dishonest crooked lawyer of a brother. You technically have two leases, because the oil company creates a lease with each owner. Now, the unfortunate thing for you is that if an oil company mistakenly pays someone like your dirty no good crook of a relative, money that should have been paid to you, then under the law, that company is not under obligation to recover those funds and give them to the rightful owner. It is up to you to take that crook of a brother of yours to court and get a judgement against him, which he may or may not decide to pay. Lucky for you that you at least found out about it sooner rather than later. Shakespeare was correct in his play Henry VI when he said, "Let's start by killing all the lawyers."
Mr. Tilden, I hate to have to disagree but Texas Lady need not sign the lease until she has been paid. The lessee will not have a valid lease for Texas Lady's half until she has received some form of consideration. I suppose that Texas Lady may have a case against the sibling and lessee for slander of title and the lessee would have a case against the sibling if they agreed to warrant and defend title and did not add broad disclaimers of warantee of title, but the point is that the lessee does not have a valid lease for Texas Lady's acreage without consideration to Texas Lady. One can no more legally lease mineral acres you do not have the right to than I could sell my neighbors house I have no right to.
Bingo- rwK is correct - Texas Lady, you'll get to make your own lease for 1/2 interest in the full amount of mineral acres; be sure to get the best deal you can get (nice bonus $ ) and good royalty ( 1/4 or 25%) - just realize that it will be on HALF of the total mineral acres. 2ndly, you need to go about 'perfecting your title' on those mineral acres, so this doesn't happen again, etc.
Thank you, oldoak! I have the oil co. sent everything to be file in the court house and i went on line and and i saw that everything is on my name and made copies and also just found out ,, showed that my (dad ) before he passed he put 25% of the minerals and 75% surface and royalties to me only ,hard to understand ,but the other 25% of my dad`s went to my mother then my mom put my sibling as POA of that land so now my sibling has only 75% of minerals and royalties only no surface ( the new owner of land has only 25% of surface only) so that`s how my sibling lease the land it shows on the pool on my sibling 0.34 for that lease and its really producing ,,but what i don`t understand i will not get nothing from that Right?? since my lease is not in that pool ,, Oil Co. found me a MONTH later after the pool had complete ,, found out that my sibling is on 1H well and mine will be on 3H well ,,by the time they to my #3 there will be nomore OIL.,,,, Texas Lady
Texas Lady, since we are talking percentages, unless you each received specific acres and not a percentage of all acres, you should share in all wells pooled with any of the acres.