Questions about mineral interests

As I explained in an earlier post, I am new to the world of mineral interests. The more I read, the more questions arise.

My uncle was deeded mineral interests by his sisters after his mother’s death. After he passed away I gathered documents and this is what I found:

A) The deed from his sisters to him dated 1969.

B) A Division Order from Humble Oil, dated July,1969 for NE/4 SW/4 Sect. 11, Township 5 North, Range 2W

C) A Sept.1989 letter from my uncle to Southstar Energy Corp. explaining that he was unaware that his mother’s interest was in two parts.

D) My uncle’s notes (in somewhat illegible handwriting) about “Tract #1” and “Tract #2”

E) Two Division Orders dated Dec.1988 from Southstar Energy:

  1. My uncle as owner, Wells Goodall, McClain County Twp 5 North, Range 2 W Sect.11: E/2 NE/4 NW/4 NE/4 SW/4
  2. His mother as owner, Weimer Ltd. McClain County Twp. 5 North, Range 2 W Sect. 11: SE/4 SW/4

F) The only lease I found was from 1996. It was for 2 years and “as long thereafter as oil or gas, or either of them is produced from said land by the lessee.”

G) Two Division Orders from May, 1997 for Conoco, one for Wells Goodall, one for Austin Lee. Both Sect. 11, Twp. 5N, Range 2W, but not further description.

The interests were with Conoco when I became aware that my uncle held them. They have since gone to Phillips66.

Here are my questions:

The mineral interest property on the Affidavit of Heirship I filed is describe as NE/4 SW/4 and NW/4 SW/4 of Sect.11, Twp.5N, Range 2W McClain County. Does this match with the description in the Division Orders from 1988 that I cited in E above? I have tried drawing little squares to figure it out, but just end up confused.

The fractions from the Division Orders I have from 1988 and 1997 do not match. When I add the decimals on the 1988 Division Orders, the total is higher than the total from 1988. Is this typical or might it indicate that all of the interests are not currently under lease? I received a request to sign for a Geophysical Operations Permit a while ago (I did not sign it) and wondered if this might mean that there are interests not currently leased.

If the 1996 lease is still active, would the same agreement for royalties stand? From what I have been reading, it seems that leases yield much more now. Would compensation have been updated or are old, still active leases as originally agreed?

How can I get a copy of that lease? The operators changed last year and I have called both. The former said everything had been sent to the new operator. The current operator was going to check and get back to me, but he hasn’t. Since I did not receive paperwork for this last transfer, I’m guessing that my uncle didn’t get any for the other transfers and so the original lease would still be in effect. Is it common for leases to go on and on like this? Should something be done to update things?

To anyone who was kind enoough to read through all this, thank you. I would be most grateful for any responses and/or guidance you can offer.

Ellie McCann

Ellie,

I believe you have to read the Affidavit of Heirship back to front. Meaning that NE/4 SW/4 is really SW/4 NE/4 and NW/4 SW/4 is SW/4 NW/4. Meaning you own 80 acres in the SW/4 North 1/2. I believe. Ownership and lease information should be filed with the McClain County Clerk's office. You should be able to get copies of all lease's and actions taken for Sect 11 5North 2West.

Patrick



Pecan One said:

Ellie,

I believe you have to read the Affidavit of Heirship back to front. Meaning that NE/4 SW/4 is really SW/4 NE/4 and NW/4 SW/4 is SW/4 NW/4. Meaning you own 80 acres in the SW/4 North 1/2. I believe. Ownership and lease information should be filed with the McClain County Clerk's office. You should be able to get copies of all lease's and actions taken for Sect 11 5North 2West.

Patrick



Ellie McCann said:

Patrick,

Thank you for your reply and the information about how to get a copy of the lease. It's a good place to start.

Ellie



Pecan One said:

Ellie,

I believe you have to read the Affidavit of Heirship back to front. Meaning that NE/4 SW/4 is really SW/4 NE/4 and NW/4 SW/4 is SW/4 NW/4. Meaning you own 80 acres in the SW/4 North 1/2. I believe. Ownership and lease information should be filed with the McClain County Clerk's office. You should be able to get copies of all lease's and actions taken for Sect 11 5North 2West.

Patrick