What are the legal instruments used to prove that mineral interests belong to a certain
individual. In other words, what do landmen look for when researching for legal owners
of mineral rights.
Mr. Atkinson:
Mineral deed records are on file at the County Clerk's Office in each county. These records contain the legal description of the acreage and the legal owners. These records are open to the public and are used as the primary tool for landmen to gain accesss to legal owners of mineral properties.
Dear Mr Atkinson,
To do it right, a landman looks at every document affecting a piece of property. For example, if a document is entitled "Right of Way and Easement" but is a conveyance, then it is a conveyance.
Mineral rights can be separated from the fee simple estate generally by reservation in a deed or outright sale, such as a Mineral Deed. There are exceptions to this statement, but these are the most common.
Mineral rights can be transferred by any number of documents, some just entitled "Agreement."
That is why we look at everything if we want to do it right.
Mr. Mallory,
Thank you for your response. Here is the problem. My sister and I are being sued for our mineral rights by the surface owner. Note: The land is located in Banner County, Nebraska. My mother received her mineral rights from her mother via a will. There were six (6) children and each sibling was willed 1/6 interest. As you stated, there are records in the Banner County Clerk's Office which records my mother's mineral rights that she inherited from her mother.
Our mother passed away in July of 1978 and my sister and I received two offers to lease our mineral rights from Coors Energy which we signed in September and December of that same year. These two leases were recorded in the "Oil & Gas" lease records located in the Banner County Clerk's Office.
Our mother did not have a will but her estate was probated and duly recorded at the Laramie County Clerk's Office in Cheyenne, Wyoming. The documentation clearly stated that my sister and I were to inherit all of her assets and property.
In the Plaintiffs lawsuit, they state that there is no documentation in the records of Banner County that show we are the "owner of record" for these mineral rights. I trust this is true because our "owner of record" is recorded in Laramie County Wyoming. Should our mineral rights ownership have been recorded in Banner County?
I wonder how Coors Engery was able to trace the mineral rights back to my sister and me?
Thanks
charles s mallory said:
Mr. Atkinson:
Mineral deed records are on file at the County Clerk's Office in each county. These records contain the legal description of the acreage and the legal owners. These records are open to the public and are used as the primary tool for landmen to gain accesss to legal owners of mineral properties.
If the property that you inherited was sold after you inherited it, were the minerals reserved?
W Thomas Atkinson said:
Mr. Mallory,
Thank you for your response. Here is the problem. My sister and I are being sued for our mineral rights by the surface owner. Note: The land is located in Banner County, Nebraska. My mother received her mineral rights from her mother via a will. There were six (6) children and each sibling was willed 1/6 interest. As you stated, there are records in the Banner County Clerk's Office which records my mother's mineral rights that she inherited from her mother.
Our mother passed away in July of 1978 and my sister and I received two offers to lease our mineral rights from Coors Energy which we signed in September and December of that same year. These two leases were recorded in the "Oil & Gas" lease records located in the Banner County Clerk's Office.
Our mother did not have a will but her estate was probated and duly recorded at the Laramie County Clerk's Office in Cheyenne, Wyoming. The documentation clearly stated that my sister and I were to inherit all of her assets and property.
In the Plaintiffs lawsuit, they state that there is no documentation in the records of Banner County that show we are the "owner of record" for these mineral rights. I trust this is true because our "owner of record" is recorded in Laramie County Wyoming. Should our mineral rights ownership have been recorded in Banner County?
I wonder how Coors Engery was able to trace the mineral rights back to my sister and me?
Thanks
charles s mallory said:Mr. Atkinson:
Mineral deed records are on file at the County Clerk's Office in each county. These records contain the legal description of the acreage and the legal owners. These records are open to the public and are used as the primary tool for landmen to gain accesss to legal owners of mineral properties.
Mr. Atkinson:
I think that this paperwork should be filed in Banner County, where the minerals are located. That is just my opinion as I am not familiar with the statutes regarding this matter. I would think that landmen representing Coors Energy would be doing their record research in the County where the minerals are located so that is a good question how they obtained this information. Are you for sure that you are not on record at the County Clerk Office in Banner County?
W Thomas Atkinson said:
Mr. Mallory,
Thank you for your response. Here is the problem. My sister and I are being sued for our mineral rights by the surface owner. Note: The land is located in Banner County, Nebraska. My mother received her mineral rights from her mother via a will. There were six (6) children and each sibling was willed 1/6 interest. As you stated, there are records in the Banner County Clerk's Office which records my mother's mineral rights that she inherited from her mother.
Our mother passed away in July of 1978 and my sister and I received two offers to lease our mineral rights from Coors Energy which we signed in September and December of that same year. These two leases were recorded in the "Oil & Gas" lease records located in the Banner County Clerk's Office.
Our mother did not have a will but her estate was probated and duly recorded at the Laramie County Clerk's Office in Cheyenne, Wyoming. The documentation clearly stated that my sister and I were to inherit all of her assets and property.
In the Plaintiffs lawsuit, they state that there is no documentation in the records of Banner County that show we are the "owner of record" for these mineral rights. I trust this is true because our "owner of record" is recorded in Laramie County Wyoming. Should our mineral rights ownership have been recorded in Banner County?
I wonder how Coors Engery was able to trace the mineral rights back to my sister and me?
Thanks
charles s mallory said:Mr. Atkinson:
Mineral deed records are on file at the County Clerk's Office in each county. These records contain the legal description of the acreage and the legal owners. These records are open to the public and are used as the primary tool for landmen to gain accesss to legal owners of mineral properties.
Mr. Mallory,
During the hearing in late February, the plaintiff's witness testified that he could not find in the Banner County records that we were owners of record for said mineral rights.
Tom
charles s mallory said:
Mr. Atkinson:
I think that this paperwork should be filed in Banner County, where the minerals are located. That is just my opinion as I am not familiar with the statutes regarding this matter. I would think that landmen representing Coors Energy would be doing their record research in the County where the minerals are located so that is a good question how they obtained this information. Are you for sure that you are not on record at the County Clerk Office in Banner County?
W Thomas Atkinson said:Mr. Mallory,
Thank you for your response. Here is the problem. My sister and I are being sued for our mineral rights by the surface owner. Note: The land is located in Banner County, Nebraska. My mother received her mineral rights from her mother via a will. There were six (6) children and each sibling was willed 1/6 interest. As you stated, there are records in the Banner County Clerk's Office which records my mother's mineral rights that she inherited from her mother.
Our mother passed away in July of 1978 and my sister and I received two offers to lease our mineral rights from Coors Energy which we signed in September and December of that same year. These two leases were recorded in the "Oil & Gas" lease records located in the Banner County Clerk's Office.
Our mother did not have a will but her estate was probated and duly recorded at the Laramie County Clerk's Office in Cheyenne, Wyoming. The documentation clearly stated that my sister and I were to inherit all of her assets and property.
In the Plaintiffs lawsuit, they state that there is no documentation in the records of Banner County that show we are the "owner of record" for these mineral rights. I trust this is true because our "owner of record" is recorded in Laramie County Wyoming. Should our mineral rights ownership have been recorded in Banner County?
I wonder how Coors Engery was able to trace the mineral rights back to my sister and me?
Thanks
charles s mallory said:Mr. Atkinson:
Mineral deed records are on file at the County Clerk's Office in each county. These records contain the legal description of the acreage and the legal owners. These records are open to the public and are used as the primary tool for landmen to gain accesss to legal owners of mineral properties.
Mr. King,
When our grandmother died her land was willed to two of my mother's brothers. The mineral rights were severed from the surface property. The mineral rights still stayed with her siblings, our mother being one of them.
My sister and I did not inherit any of the surface property. The land was held by my grandmothers two sons until three (3) years ago when the land was sold to another party. As stated previously they are now suing for our mineral rights.
Thanks for your interest.
Mr. Atkinson:
I would contact Coors Energy (Land Dept.), and try to find out how they were able to contact you. They had to get this information from a County Clerk's office. This should answer at least one question.
W Thomas Atkinson said:
Mr. Mallory,
During the hearing in late February, the plaintiff's witness testified that he could not find in the Banner County records that we were owners of record for said mineral rights.
Tom
charles s mallory said:Mr. Atkinson:
I think that this paperwork should be filed in Banner County, where the minerals are located. That is just my opinion as I am not familiar with the statutes regarding this matter. I would think that landmen representing Coors Energy would be doing their record research in the County where the minerals are located so that is a good question how they obtained this information. Are you for sure that you are not on record at the County Clerk Office in Banner County?
W Thomas Atkinson said:Mr. Mallory,
Thank you for your response. Here is the problem. My sister and I are being sued for our mineral rights by the surface owner. Note: The land is located in Banner County, Nebraska. My mother received her mineral rights from her mother via a will. There were six (6) children and each sibling was willed 1/6 interest. As you stated, there are records in the Banner County Clerk's Office which records my mother's mineral rights that she inherited from her mother.
Our mother passed away in July of 1978 and my sister and I received two offers to lease our mineral rights from Coors Energy which we signed in September and December of that same year. These two leases were recorded in the "Oil & Gas" lease records located in the Banner County Clerk's Office.
Our mother did not have a will but her estate was probated and duly recorded at the Laramie County Clerk's Office in Cheyenne, Wyoming. The documentation clearly stated that my sister and I were to inherit all of her assets and property.
In the Plaintiffs lawsuit, they state that there is no documentation in the records of Banner County that show we are the "owner of record" for these mineral rights. I trust this is true because our "owner of record" is recorded in Laramie County Wyoming. Should our mineral rights ownership have been recorded in Banner County?
I wonder how Coors Engery was able to trace the mineral rights back to my sister and me?
Thanks
charles s mallory said:Mr. Atkinson:
Mineral deed records are on file at the County Clerk's Office in each county. These records contain the legal description of the acreage and the legal owners. These records are open to the public and are used as the primary tool for landmen to gain accesss to legal owners of mineral properties.
Mr. Cotten,
Thanks for your reply. I appreciate your quick response and I may have additional questiions for you later.
Tom
Buddy Cotten said:
Dear Mr Atkinson,
To do it right, a landman looks at every document affecting a piece of property. For example, if a document is entitled "Right of Way and Easement" but is a conveyance, then it is a conveyance.
Mineral rights can be separated from the fee simple estate generally by reservation in a deed or outright sale, such as a Mineral Deed. There are exceptions to this statement, but these are the most common.
Mineral rights can be transferred by any number of documents, some just entitled "Agreement."
That is why we look at everything if we want to do it right.
Best,
Buddy Cotten
Mr. Atkinson,
1. Get a certified copy of your probate filing from Laramie County (probably a Decree of Distribution or Personal Representatives Deed), and record it in Banner County, Nebraska with a description of the subject lands. Then, when any landman checks the title to these lands, at a minimum, you will have claimed record title to the interests, and can be contacted at the address listed. As a matter of the recording statutes, everyone (in the world) will then be deemed to be on notice of this public recording.
2. Under Nebraska probate statutes, you may be required (by Operators) to file an ancillary probate in Banner County to "perfect" your title. That is so even if many years have passed (and so there are no creditors of the estate or claims to resolve). But there is still no living person to transfer the mineral (real property) interest to the heirs. In most instances that is done by Personal Representative's Deed, executed by a Personal Representative, in the context of a probate (in the state of last residence, or ancillary in other states where real property is located.
3. For producing properties, most Division Order Analysts will accept a recorded document in chain of title (i.e. Affidavit of Heirship, or similar document, with a copy of Last Will & Testament and/or Death Certificate), in lieu of a division order title requirement for a complete probate. These documents may simply be retained by the Operators (or first purchasers of production) for title assurance, and filed with the Division Orders (or in the Oil and Gas Lease file), but not recorded.
4. At a minimum, obtain a copy of the conveyance that is the source of your title (e.g. by mineral deed or reservation of the mineral rights by your ancestors in a warranty deed), then trace it forward to see what is filed of record (in Banner County) to constitute your record title in the interest.
Not sure how this is relevant to the surface owners suit or some of the other issues you raised, but these are steps you can take to understand your situation better.
finally, there are databases available to (among other things) locate heirs of real property, and used routinely by Operators to locate royalty owners, to release suspense funds to the rightful heirs entitled to them.
Good luck with your situation.
Chris Sullivan