Hi I'm a fractional mineral rights owner in West Virginia. I along with other descendants have a fractional lease. This past week I was notified that there was a notice in the local paper. It was filed by the land owner who also owns most of the mineral rights. I think he is contesting the ownership of the mineral rights. There are lots of fractional owners of mineral rights here. So does this mean that the court goes back to books and trys to detemine who is right? Does one need a lawyer to defend your case or is this just something the court works thru and they let you know what they think? This was not something the family sought out the gas and oil company found us. I don't know what you do when there is a simple legal notice in the paper and no other notification. Does anyone have a clue here? This is new to me. I'm not sure our small part is worth a legal battle over it. Any thoughts?
I'd certainly file a statement of claim as soon as possible, and send a copy certified mail to the person who posted the notice so it can't be said you abandoned dormant minerals. I think the legal notice in the paper means they are about to go after the minerals, testing the waters. It's your chance to speak up and say " No! I'm still watching and claiming those minerals. " I think success in claiming someone elses minerals requires that the owner remain passive. I don't think you need a lawyer if you nip it in the bud.
Same thing happened to our family. We had a lawyer represent us, and in the response he stated that the people bringing the suit had to pay all court costs if the judge found in our favor, which he did, because we presented proof of ownership of the mineral rights. We paid our attorney nothing for handling this for us.
Thank you for the comments. Can someone tell what I should say in such a letter. I'm sorry I'm really new at this. Does this mean that the court will rule on way or the other on who has the mineral rights? I'm not sure who to file this with? Does anyone know how long this process takes?
Thank you for your response. Do you have an idea of what to say in a letter? Do I need legal proof that I'm a family member? This was filed in the county court house in West Virginia. I guess that is where I would file.
r w kennedy said:
I'd certainly file a statement of claim as soon as possible, and send a copy certified mail to the person who posted the notice so it can't be said you abandoned dormant minerals. I think the legal notice in the paper means they are about to go after the minerals, testing the waters. It's your chance to speak up and say " No! I'm still watching and claiming those minerals. " I think success in claiming someone elses minerals requires that the owner remain passive. I don't think you need a lawyer if you nip it in the bud.
Thank you for your response. Did you have to show up in court for this matter? When you said you had proof what does that mean? Did your lawyer show up in court or was the paper work he presented enough?
Thank you for responding.
Beth
Eva said:
Same thing happened to our family. We had a lawyer represent us, and in the response he stated that the people bringing the suit had to pay all court costs if the judge found in our favor, which he did, because we presented proof of ownership of the mineral rights. We paid our attorney nothing for handling this for us.
No, he didn’t “go to court”, he prepared a legal response and included the volume and page from the courthouse records showing that my father had reserved mineral rights on certain acreage when he sold the surface rights which were filed at the courthouse where the suit was brought. This was enough to have the judge find in our favor.
Beth Feather said:
Thank you for your response. Did you have to show up in court for this matter? When you said you had proof what does that mean? Did your lawyer show up in court or was the paper work he presented enough?
Thank you for responding.
Beth
Eva said:
Same thing happened to our family. We had a lawyer represent us, and in the response he stated that the people bringing the suit had to pay all court costs if the judge found in our favor, which he did, because we presented proof of ownership of the mineral rights. We paid our attorney nothing for handling this for us.