My sister and I inherited land from our father. We have always heard that 1/2 of the minerals under part of this property were not owned by my grandfather. However, after reviewing the abstracts of the land, I cannot see where the owner retained 1/2 of the mineral rights. Also we have recently leased the land for oil and we are in a pool. We are receiving only 1/2 of the share for our land. How can I find out who owns the other half? Also is there some way as the landowners we can claim these unclaimed mineral rights under our land as the heirs evidently have not been found in years?
An addendum to my previous message. This land and mineral rights are in Texas.
Ask your oil/gas vendor to provide you a copy of the Division Order Title Opinion as it applies to your interest.
From your description, it sounds like either of the following might be the case:
a) Your Grandfather sold 1/2 of the minerals at the time that the surface property was sold
or
b) The 1/2 of the minerals may have been severed prior to the time where your Grandfather obtained the property meaning that he only held 1/2 of the minerals himself.
Have you researched your family's holdings at the County Clerk's office where your property is located? Some time spent there with the local county Land Records should help clarify your situation.
Good luck.
Kathy -
Ask the Landman that negotiated your lease for a copy of his Title Notes or a copy of the Title Run Sheet that was prepared on your lands for the Attorney to base his Title Opinion on.
Title Notes amount to the quick look at the mineral chain of title for your land (for leasing); Title Run Sheet(s) will include all documents effecting the property (a complete history or at least a limited history of the land).
He may be able to provide you with maps of your land as well - those come in handy sometimes.
Hope this helps -
Charles
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
Landmen will not generally give his notes to the landowner (I know I don’t) as, especially if he is a broker, they are not his to give. He is paid by the company to do the research so the notes are technically the companies, not his. Not too many landmen give maps away either so I think the best thing for you to do hire a landman to do the research or go to the courthouse and ask the clerk for help. They will not do the work for you but they will give you advice as how to look. If you know when your grandfather purchased the land, it should be very easy to find out.
Charles Emery Tooke III said:
Kathy -
Ask the Landman that negotiated your lease for a copy of his Title Notes or a copy of the Title Run Sheet that was prepared on your lands for the Attorney to base his Title Opinion on.
Title Notes amount to the quick look at the mineral chain of title for your land (for leasing); Title Run Sheet(s) will include all documents effecting the property (a complete history or at least a limited history of the land).
He may be able to provide you with maps of your land as well - those come in handy sometimes.
Hope this helps -
Charles
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
I'm posting here, because my situation is pretty complicated, and I hope someone has some ideas, as to where we should begin. My Grandfather owned property in Hardin County, Texas, which he sold. However, he retained the mineral rights to that property. He is now deceased, along with his wife, and two sons. My Dad was one of the sons. At this point, my brother, one cousin and I are the only family members left. I have only the volume and page number in Hardin County where the deed was recorded. Any idea where we should start?
I think you should start in the County Clerk's office in Hardin county. If that is incorrect, hopefully he or she can direct you.