I’m a mineral owner in Oklahoma with interests that were/are part of a 1990’s unitization agreement. Production ceased on these wells for over 600 days at one point. I am seeing assignments that were recently filed years after the cessation, transferring interests originally that were held in trusts and by LLC’s managed by operators or their family trusts. ( I have been tracking them through Secretary of State websites across different states ) The new filings are now moving these interests into new private LLC’s and individuals and they are backdating them several years.
I have spent long hours going all the way back to 1945 at our local court house because most records prior to 1990 are not available online. I have diagrammed the entire unitized area, assignments, UCC filings etc.- they all link to each in one way or another. They all link back to the lease holder.
My question is this- if production ceased long enough to terminate the leases years ago (although I can see all of these leases are in fact held by a trust) can these later assignments create valid title chains today - or are they simply transferring nothing? I just wanted a new lease for our interests with a bonus. (Our minerals were also pooled without notification- our family was not named on the pooling documents). This pushed me to start researching case laws and on and on… I would love any thoughts from others who have seen “assignments” move minerals or interest out of family trusts after a cessation of production occurred.
I also wanted to recommend some research tools you can utilize if you are researching your own minerals in Oklahoma
Establish a Pangea and ENVERUS account (if you are researching your minerals, while it is a little expensive, it helps tremendously. )
START HERE: Pecan Tree Oil and Gas - Tracy Lenz I started here. She is probably the best person I have worked with and the most honest. Her prices are very reasonable for the reports and knowledge she gives you.
OSCN for probate and decrees
SOS Secretary of State- You can pull up all the LLC’s , Articles of Organization etc. (they are in every state)
Need production records in Oklahoma? Email: gpproductionhistory@tax.ok.gov If your minerals are in a unitized area in Oklahoma make sure to ask for WATERFLOOD PRODUCTION RECORDS
(Production records only go back to 1990- you will have to establish a way to purchase prior production through ENVERUS as they hold almost all prior records- it to is an EXTREMELY expensive subscription, but well worth it)
Be careful with attorneys. They are not all there to help you, neither are land men- Many will actually perpetuate the issue. Bring a big notebook to your county clerks office. They will show you where you can research- and even print the documents for you for a fee.