I hope someone can help me out...
I sold 3 acres in 2007 but retained the mineral rights because I leased them out to Carrizo on a three year lease. To make a long story short, the lease expired in 2008. I moved to Tulsa in 2007 and never thought about any activty until last week when I called a neighbor and found out XTO has two wells on a unit that includes the land I own the rights to. I called a landman and asked him to look up my land (not mine but I have the rights) and sure enough he said not only is my land inside the surface boundaries, it is also listed as "leased" and has been for a year.
I called XTO and got th run around. An analyst said I have no claim and there is "no well." So i called RRC and spoke to one of their attorneys who told me XTO made a false filing and that could possibly void the permit. I then called the person at XTO who signed he P12 showing my property as leased and she was surprised I did not have a lease and I should be paid. I explained what the RRC attorney said and she said she would call the XTO landman in charge of the area.
Within two hours I got a call from a contract landman who said XTO wants to lease my rights. Next day I got a FEDEX with a lease and a draft for $2500/acre and 23%. I called him back and said I wanted 25% and he agreed.
The costs I would share are from he wellhead to the pipe and the value is based on "market" price.
Do I have a claim for the previous year?
Can XTO decide they don't want my land if I get too pushy?
Is this a good offer?
The lease is in the Barnett Shale in south Arlington/Kennedale area.
The filings at the RRC still show I am leased but I have not signed anything yet.
Any help or good advice?