I was ready to sign a lease in section 62 but the landman discovered that I am a non-participating royalty owner and that sometime in the past the surface land was sold giving executor rights to that owner. I am not sure how to find out who has those rights or what to do if I can find the executor.
The deed of sale would be listed in the county courthouse. If not too long ago, you might find it on TexasFile.com or another site or maybe the courthouse is online. Not much to be done at this point unless the surface owner wants to sell the executive rights back to you. If there is drilling, then you may get royalties. The executor’s name should be on the probate documents also filed in the county where the person who passed resided. You may need legal advice.
Thank you for your help.
What is a “non-participating royalty owner”?
The term “non-participating” indicates that the interest owner does not share in the bonus, rentals from a lease, nor the right (or obligation) to make decisions regarding execution of those leases (ie no executive rights).
Depending upon what the decision made by the executive rights holder made, the “non-participating royalty owner” does get their portion of the royalties.
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