Mineral Acres: Courthouse the only & final option?

[sharonsmithbd]

My grandparents homesteaded in Burke County, ND. They kept the MR’s and passed them on to their kids (one being my mom). The family is all pretty well connected on this matter and we know the sections, etc. When our mom deeded her Min Acres to my brother and I, we gave what we’d understood to be our acres total to a lawyer and expressed how to divide. When the lawyer recorded them in Burke County ND she used percentages instead of acres. The problem is her percentage division does not match our wishes which we didn’t realize until we received letters from leasing the acres. Just now after a 2nd lease, we see yet different percentages used. Other heirs in our extended family also noticed that the 2nd lease shows different numbers. So now we are questioning the amounts.

I called the Burke County and was told someone knowledgeable would have to walk in and do a title search to find out how many min acres we have. Also was told that the legal group we used is no longer in business.

My question for you is this: Is a title research in the courthouse the only and final way to determine how many acres we actually own?

[ABond]

Short answer: Yes.

You have to check the county records from sovereignty to verify your mineral rights. The county clerk will not be able to do that for you. That’s why they told you someone knowledgeable would have to check the title. This would be a Landman or an attorney. Landman is usually cheaper. You can do it yourself if you have the time and patience for it. But if you’ve never run title before, I would not recommend that.

It sounds like you should get someone to verify the ownership of you and your brother, and any family members who have questions. You can then get an attorney to draft a correction or stipulation of interest for you and your brother so that the title reflects what you want.

[M_Barnes]

ABond is correct. The courthouse is the final answer. They are the repository.