I’m going to try and make this long story short. Signed a lease with Rosewood Resourses in 2021. Haven’t heard a word from them. Than a couple weeks ago I got a Notice of Appraisal on my mineral rights??? I called the number on the appraisal letter and they said…“let me guess”. Your with Rosewood and you haven’t got any royalty checks. I said no. So I called RR and they said someone else is claiming my mineral rights property?? These have been in our family since the early 1900’s. They said in 1970 this man claimed he owned them?? So now there’s lawyers involved trying to straighten this out? Dimmet County.
1 Like
If there is a title dispute, then you need to have your own lawyer involved. Do not rely on the oil company attorneys because they do not represent you. You should ask for the portion of.the title opinion which covers your minerals and the chain of title deeds, as well as the adverse claimant’s name. You can also pull the deeds to see the chain of title - either yourself or using a landman. You will then be able to see where the title issue may have arisen. As long as there is a dispute, the oil company will withhold all the royalties from all the relevant mineral owners until there is a final determination or legal settlement. In the future, whenever you sign a lease, you need to watch the RRC well permits to see when a well will be drilled on your minerals. This way you will not be caught off-guard by a Appraisal Notice from the Dimmit CAD for the taxes which will be due at the end of the year. You should also periodically look at the deed records to see if all or a portion of your lease has been assigned to another company. It is important to be proactive in guarding your property.
2 Likes
Thank you for your reply! When the landman first contacted my family he gave us a chain of title. I am Indiana. And this is all new to me. I do watch the RRC well permits and I’ve seen they are drilling and have been for a while now. There is so much to all this it’s kinda blowing my mind trying to figure it all out. and not knowing who to trust in telling me the truth. I have no clue where to go to look at deed records but I will try to figure it out. Again. Thank you!
1 Like
The landman’s chain of title may have been incomplete or the outside claimant may not be correct with respect to your interest but come out of others. You need to see the updated title chain, the deed that possibly diminished your interest (with its recording information) and where it is in the title chain (i.e. before or after your interest breaks away). For minerals, it is common for the interest to be subdivided repeatedly -A = 100%; then to 3 children so B, C & D each own 1/3; etc. It depends on who granted his interest or part of his interest into the 3rd party.
1 Like
Ok. can you tell me where I can get the updated title chain???
Ann, you will need to contract with a landman for a limited title review. Provide any documentary information that you may have to get them started. Rosewood should have provided you with some of the basic conflict information. If the conflict cannot be resolved, then a quiet title action will be required.
Thank you for replying.I did call the landman back. He said there was no one eles except my family members that he could find. I think I may call the clerks office in Dimmet to see what I can find out!!! Thank you again!
I said contract with a landman for a title review. The clerk’s office will not be of any assistance on t his matter. You will most likely need an attorney to settle the matter or take it to a Quiet Title Action.
Catarina is the land of Adverse Possession. If your minerals have never been severed from the surface the claimant, has you in a tough spot. If he has maintained the requirements for AP… paid taxes/open, peaceable and notorious possession, fenced. He has already exceeded the 25-year statute putting it out of the reach of “color of title” jurisdiction. If you can prove that his AP is invalid, then you can try district court litigation in the form of a trespass-to try-title action and a request for a declaratory judgment. If the minerals are severed, you have a much better case. The fact that Rosewood leased you and are likely just now into production (likely) means a.) Any bottom lease or HBP unitization has lapsed b.) AP claimant has not been receiving uninterrupted royalty checks for 5 years continuously. If this is the case, no court will award him his claim to your minerals. I would be asking Rosewood for a copy or reference to the deed which severs minerals from surface.
1 Like
Pretty quick leap to AP which is a difficult claim to establish. Best course is a title review which will include a review of the tax rolls.
1 Like
Thank you for the reply!
Do you have email contact for Rosewood Resources? Thank you