Thank you and the very best New Year to all of you.
I would recommend that you personally send or get an attorney in the area to send your concerns, demands or request by certified mail with a request for return receipts. It is best to send it to the legal dept. as well as their land department. This is really the only way you have proof that you have contacted them legally. “Time Marches On.” The clock is ticking fast. Get your money.
Fay Donovan said:
I finally reached a person, Tom Harkins, at Oasis. He is a supv to the person I have been trying to reach. He returned my call on 12/10. He apologized and said he would investigate. On 12/11 he reported he found the paperwork I faxed and said he would look into it and would get back to me by 12/13. He seems to be sincere about helping me and I have a pretty good feeling about it. Again thanks to all of you and I’ll let you know what I find out.
I sent an e mail to Oasis this AM. She contacted the attorney that did the deed work for them. This is the e mail the atty sent back to Oasis. I really don’t understand all of it, but I do have a Quit Claim Mineral Deed from the Trustee Bank which assigns an undivided 1/2 interest to me. Any advice is gratefully appreciated.
Ms. Abney,
We went back through our abstract and index for the Ellis, and it does not contain any conveyance to Fay Donovan, nor a certificate of Trust for the Trust which would set forth the conditions under which it would terminate. The opinion credits a certain interest in the Ellis to the Trust and this interest is represented as unleased.
We did do an electronic search of other firm files and found, in an opinion rendered for another client, a Distribution Deed which conveyed the interest formerly owned by the Trust in that property to Fay Donovan.
So in essence, it looks like on the termination of the Trust, Distribution Deeds covering the interest of the Trust were drafted, conveying the interest of Trust to Fay Donovan, but a Deed was not drafted for the property in the spacing unit for the Ellis, or it was mis-indexed. It is also theoretically possible, but less likely, that the broker missed it.
This would explain why she is credited in the other properties but not the Ellis – those properties had distribution deeds and this one doesn’t. She is the likely owner, but we have nothing to support either a record title interest or a beneficial interest in her.
What will be necessary to create record title in Ms. Donovan, and enable her to be put in the deck, is either a recorded Distribution Deed to her from the Trust conveying the property, a recorded certificate of trust stating the terms of the trust, its termination, and its beneficiaries. If we have an unrecorded document to rely on, such as a copy of the trust instrument, that would establish a beneficial interest, and we can verify that it conveys the interest and make further requirements for curative.
I hope this helps, and let me know how you want to proceed.
Ms. Donovan, was your quit claim deed ever recorded? If not, that might be all that is necessary.
RW I assume it was recorded. It is notarized and the seal reads Register of Deeds Office, Williams County, State of North Dakota. There is a 6 digit number stamped on the first page. I notified Oasis I have this document and will email or registered mail a copy to them and or their deeds attorney. They have not returned my message.
Ms. Donovan, very good. They may have overlooked it in their search, and sometimes I think they don’t search as hard as they might. I also think that companies decide that they aren’t starting new payments to anyone at a particular time. Maybe cash flow is tight and if they paid the new royalty owners they would have to get a loan. It would be much easier to just divert the money they have in hand right now, and tell new royalty owners that they are just behind. Those already being paid royalty would continue to receive their royalty as usual.
I sent an e mail to Oasis this AM. She contacted the attorney that did the deed work for them. this is the e mail the atty sent back to Oasis. I really don’t understand all of it, but I do have a Quit Claim Mineral Deed from the Trustee Bank which assigns an undivided 1/2 interest to me. Any advice is gratefully appreciated
Ms. Abney,
We went back through our abstract and index for the Ellis, and it does not contain any conveyance to Fay Donovan, nor a certificate of Trust for the Trust which would set forth the conditions under which it would terminate. The opinion credits a certain interest in the Ellis to the Trust and this interest is represented as unleased.
We did do an electronic search of other firm files and found, in an opinion rendered for another client, a Distribution Deed which conveyed the interest formerly owned by the Trust in that property to Fay Donovan.
So in essence, it looks like on the termination of the Trust, Distributions Deeds covering the interest of the Trust were drafted, conveying the interest of Trust to Fay Donovan, but a Deed was not drafted for the property in the spacing unit for the Ellis, or it was mis-indexed. It is also theoretically possible, but less likely, that the broker missed it.
This would explain why she is credited in the other properties but not the Ellis – those properties had distribution deeds and this one doesn’t. She is the likely owner, but we have nothing to support either a record title interest or a beneficial interest in her.
What will be necessary to create record title in Ms. Donovan, and enable her to be put in the deck, is either a recorded Distribution Deed to her from the Trust conveying the property, a recorded certificate of trust stating the terms of the trust, its termination, and its beneficiaries. If we have an unrecorded document to rely on, such as a copy of the trust instrument, that would establish a beneficial interest, and we can verify that it conveys the interest and make further requirements for curative.
I hope this helps, and let me know how you want to proceed.
Elizabeth Burke Taylor said:
Fay Donovan said: I emailed the document to Oasis on Fri 1/6 in the afternoon. She said she would look at it when time permitted. I’m sure they are busy so I’ll wait a week and try to determine what’s happening. Elizabeth, I did not receive your message.
I sent an email to Oasis this AM. She contacted the attorney that did the deed work for them. This is the email the attorney sent back to Oasis. I really don’t understand all of it, but I do have a Quit Claim Mineral Deed from the Trustee Bank which assigns an undivided 1/2 interest to me. Any advice is gratefully appreciated.
Ms. Abney,
We went back through our abstract and index for the Ellis, and it does not contain any conveyance to Fay Donovan, nor a certificate of Trust for the Trust which would set forth the conditions under which it would terminate. The opinion credits a certain interest in the Ellis to the Trust and this interest is represented as unleased.
We did do an electronic search of other firm files and found, in an opinion rendered for another client, a Distribution Deed which conveyed the interest formerly owned by the Trust in that property to Fay Donovan.
So in essence, it looks like on the termination of the Trust, Distribution Deeds covering the interest of the Trust were drafted, conveying the interest of Trust to Fay Donovan, but a Deed was not drafted for the property in the spacing unit for the Ellis, or it was mis-indexed. It is also theoretically possible, but less likely, that the broker missed it.
This would explain why she is credited in the other properties but not the Ellis – those properties had distribution deeds and this one doesn’t. She is the likely owner, but we have nothing to support either a record title interest or a beneficial interest in her.
What will be necessary to create record title in Ms. Donovan, and enable her to be put in the deck, is either a recorded Distribution Deed to her from the Trust conveying the property, a recorded certificate of trust stating the terms of the trust, its termination, and its beneficiaries. If we have an unrecorded document to rely on, such as a copy of the trust instrument, that would establish a beneficial interest, and we can verify that it conveys the interest and make further requirements for curative.
I hope this helps, and let me know how you want to proceed.
More " Gobbledygook " from Oasis so I contacted an attorney. We'll see what happens.
You could call the Register of Deeds, give them the Vol/Page, inquire the price per page for certified copy of that deed, how many pages, verify the total they need for a certified copy. Then mail them a check and a written request which directs them to send a certified copy of the deed to so and so at such and such address at Oasis (and you simultaneously mail a copy of your written request to Oasis). Then Oasis within short order will receive first a copy of your written directive, and shortly thereafter will receive a certified copy of the deed directly from Register of Deeds. Should cost you only $1 or $2 per page plus postage for 2 letters. Might help expedite the whole thing.
By the way, my sympathies for what must feel like a major headache--and now that an attorney is involved you will be incurring legal expenses. . . ugh.
Out of state, Thanks for the good info however the att’y had already contacted Oasis. Have been having trouble in “sending.” That’s the reason for the delay in answering you. As of 1/27, we have no additional info from Oasis.
Hello All, This matter is still ongoing. I have a couple of other questions. In the GIS (NDIC) Well finder what do the numbers following the well name mean (Ex.) Stone 5611 17-34H? Also I am trying to figure out the decimal interest. 1338 total acres, 100 total net mineral acres, 60 of those acres are at 1/8 royalty, the remaining 40 acres are at 1/6 royalty. I divided the total 1338 by mineral acres, 60 and multiplied by .0125. I did the same for the 40 net acres but multiplied the answer by .0167. The answers looked strange to me. What am I doing wrong? Thank You.
Fay:
The numbers following the well name usually indicate the Section(s) where the well is being drilled. The “H” indicates a horizontal well. On the other question, what size is the spacing unit? Norm is 1280 acres, some 640 acre and a few 2560’s. Whichever size, say 1280 for example, each of your acreage/royalty amounts will stand on its own. Take 60 and 40 nma: 60/1280 = .046875; 40/1280= .03125; you would multiply the figures times 1/8% or .125 and 1/6% or .1666666. Hope this helps.
Some of you people need to get the “RIGHT” professional help! How can anyone sign a lease that allows 2,500 net mineral acre “horizontal drilling leases”? Also how can anyone give advice on a 2,500 acre drilling unit? WOW!
If you live in Texas or some other states you need to take a look at Superior Oil and Gas lease forms and buy yourself a lease form, a lease addendum form or other things!
Charles, thank you so much. That does make it a lot clearer. As for the other gentleman, Mr. Stewart, I have no idea what you’re talking about, but thank you for your time.
I have another question. If there are 2 wells on the same space do you get income from both wells or just the one where your well is located? What happens to the size of the spacing unit? Is it divided by two? Thanks again.
Walter:
Continental Resources just made an application to drill 14 wells on a 2,560 spacing unit last week. One road to access wells with one huge well pad. Google “Million Dollar Way” and scroll to the article. Any questions, contact the NDIC as they will preside over the hearing. I go back to the days of 40-acre spacing units, then to 640 then to 1,280.
Walter Stewart said:
Some of you people need to get the “RIGHT” professional help! How can anyone sign a lease that allows 2,500 net mineral acre “horizontal drilling leases”? Also how can anyone give advice on a 2,500 acre drilling unit? WOW!
If you live in Texas or some other states you need to take a look at Superior Oil and Gas lease forms and buy yourself a lease form, a lease addendum form or other things!
Fay:
If your minerals are in the unit, you will be paid royalty on production sales no matter how many wells there are in the unit. The size of the spacing unit remains the same.
Fay Donovan said:
I have another question. If there are 2 wells on the same space do you get income from both wells or just the one where your well is located? What happens to the size of the spacing unit? Is it divided by two? Thanks again.
Charles,
You and others in this forum are so knowledgeable on many subjects. Thank you for sharing with your expertise with us.
I received a check retroactive to the start of production. 95% of the time was waiting for responses from Oasis. Bad thing is they overpaid other people; one person I know received 7 times the correct amount. I don’t know about the others. They left me out entirely and figured % interest wrong for others. Thank you for all the advice and help you gave me.