Larry, yes I understand. You want to live there and Virginia, you’d rather not. For the record, I need grocery stores and fast food places near me, particularly Jack In The Box. I also have allergies. So, I would pass on living there too.
Now—besides holding the non-farm land for possible future habitation, is that the only value that land with the potential for oil, but carries no mineral rights for the owner, offers in Noble County?
Wouldn’t the oil company want the land? Does this kind of land owner get anything if an oil company wants to drill on his property?
The reason why I’m asking this is:
What if the land owner who owns the same property where I have mineral rights wants to just live there? If he gets nothing from an oil company who wants to drill his property, and he has no mineral rights, why wouldn’t he just tell the oil company to take a hike?
Let’s say the oil company offers some kind of money to drill his land that is a payment not regarded as royalties on mineral rights, but some kind of bonus to drill his land. If he refuses, I’m outta luck right?
Ron, yes I know the name Brengle and I found the paid up oil and gas lease to Three Sands Oil in 2011, remain in force for 3 years. It says it is the intent of lessor to lease all of lessor’s oil and gas minerals in said sections whether properly described or not in this lease. It is for lots 5, 6 and 7 S/2 SE/4 and SE/4 SW/4 Section 34 Township 20 North Range 1 West containing 152.52. Foregoing lands are referred to as the leased premises, agreement made between Brengle and Three Sands. It has if said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties shall be paid to the lessor only in proportion which his interest bears to the whole and undivided fee. Also says if the estate of either party hereto is assigned the privilege of assigning in whole or in part is expressly allowed, the covenants shall extend to their heirs, executors administrators, however no change or division in ownership of the land or royalties shall enlarge obligations or diminish the rights of the lessee. On some paperwork I found from a lease back in 1980 it shows royalty interest owners my dad part 1/8 x .14815/40 and it has division of interest .0004630, it has on the 1980 lease for Brengle 1/8x1.48148/40 and in it has division of interest .0046296. I think recently another Brengle with the same figures gave his part to him so it would be double the amount on the figures. When I found this a while back I called them Three Sands and they said they only leased with Brengle. I think they had a greater percentage than us and they decided not to lease to any of the other heirs cause they changed their mind about leasing. I don’t know if they canceled the 3 years or not.
You may like to look at this site to get a lot more information and help you understand oil business and how it works. It’s a good site for people who just found out that they own minerals.
Ron I found some paperwork it is a final decree my great great grandfather died intestate and it shows Noble County Section 34, Township 20N, Range 1W, it looks like it is next to Hwy 86 at the county line to the right of I-35, I think I own part of mineral rights and royalty interest only no surface rights, I think my part is only about an 1 acre mineral and royalty interest, I know Red Fork leased to one of our heirs, I think because he may be the family line that was the executor or administrator and that his portion was about 5 acres, they haven’t drilled, only gave his about $1000.00, I guess if they drill then the rest of us will get the royalties, is that how they do the mineral rights, they lease only to the executor.
If you own mineral in Section 34, Township 20 North, Range 1 West, it may have some lots on it as it’s on the county line of Noble & Payne County, about 8 miles south of Perry. This property would be next to Highway 86 on the west. If someone in your family leased and you didn’t receive any of the bonus, I would be calling the leasing company and find out where your share is. Whoever signed the lease may have taken it all.
You may have about 2.7 acres interested if it’s 150 acres, divided by 1/9, divided by 6.
Regarding a patent of the property, that should have been given to the surface owner when the property was sold. You need to find out who that is and mail it to him. That is part of the abstract. Oh yes, Oklahoma does have abstract and every time someone files anything at the county clerk’s office, it’s part of the abstract. If you sell the surface, you have to bring the abstract up to date and that can be very costly if there have been several leases, oil pipeline, mortgage & release of mortgage, etc. Plus the back page alone can cost several hundred dollars because the abstract company has to certify it’s all there. Even if you don’t own the mineral, it’s part of the surface owner’s abstract. Several years ago, the oil companies would ask to borrow your abstract, then go from that date it had been brought up to date and do research and when you got your abstract back, it would be up to date. That was nice, but now they don’t do that as it’s an additional cost.
When you say executor, which estate are you talking about? Your great grandfather or his heirs or their heirs? Who did you get your interest from? Was it ever put in your name? Who is Brengle and how did he get his interest? There are three of them who leased.
Ron, I am sorry for the confusion, but the great-great-grandfather G B Davis died intestate. He had 9 children; one of the 9 children married a Brengle, 1/9th undivided interest, and one of the 9 children was George C Davis, 1/9th undivided interest. He had a son Paul Davis; they both died intestate. Paul Davis had a son named Leo Rex Davis, that was my dad. On a division order from 1980 showed my dad’s division of interest. I did an affidavit of heirship after I saw the Brengles on the state site. I am thinking the reason there are 3 Brengles is because they divided up their interest that was set for 1/9 undivided interest when Brengle married one of the Davis children, and they leased to them their 1/9 divided by 3. I think I saw where a Dan gave his mineral deed to Quine. I hope this all makes sense and thank you for trying to help me.
So do I get the probate papers for my mom and dad in TX sent to Noble County? Is there certain forms that I need to get? Should I send the oil company the papers also? Do they transfer from dad to mom to me and my sister?
You can go to www.okcountyrecords.com and see if you can find the volume and page. Sounds like you need an Oklahoma attorney to go back to 1981 and see if he can file papers to transfer your minerals to you. I’m not sure if a person can transfer a small ownership without probate in Oklahoma. I know I had to probate my mother’s estate, pay estate to Oklahoma and she was already living with me in TX.
My dad had two siblings, so 3 split the 1/9. Since my dad died, do I need to do anything else besides the affidavit of heirship regarding this mineral and royalty for Noble County?
Does the Oklahoma Corporation Commission have a copy of a mineral deed? The only paperwork I have is paid up oil and gas lease for my dad from 1981 and completion and test data from Oklahoma Corporation Commission. I don’t have a mineral deed for my dad. Do I call county clerk for a mineral deed? How do I find volume and page number?
Virginia hit the nail on the head. You could sign a lease if they can find you, but you will have to get the title cleared up before you get any money.
Did Leo’s interest go to Mom and kids? How many heirs did he have? Did the interest get transferred to your Dad before the division order, I guess? Has the interest been transferred to his heirs? Who was the Executor you talked about that you thought leased your interest?