Do I get a lawyer or is there a commission that takes care of these things. I sol the last part of land 11/3/2003 and the people leased my mineral rights that month knowing the deed reads less any mineral rights on it then that company or same people sold it again in 2008 how do I stop thia and find out what past stolen monies are due me and how do I get them? Sec 6 Township6 North Range 7 West Grady County Chickasha OK on West Carolina 31oo block west Some of the wells and lease holders around me are Lyons Rempe McElreth Talbort
Wagner & Brown Midland, TX Ward Petrolieum KRS Oil Tulsa Southern Bay Energy Houston
Ms. Prentiss,
Do you have a copy of your deed that you could upload here?
What is troubling me is the words, "less any mineral rights" and the context that it may have been used in. An exception is close to a reservation, but it is not the same thing.
Ms. Prentiss, I think if there has been no production, you would not be due any money for the leasing as you didn't lease it and if what you say is correct, the lessees paid the wrong people. If you do actually own the minerals and there is production, the operator may offer you a lease effective to the date of drilling. If so I would study carefully to make sure that signing the lease would be the very best you could do. I think there are rules about pooling ones interest in Ok, such as you had to have been offered a lease/been informed of the pooling hearing, been offered participation, I infer from what you wrote that none of this happened. Do not be hasty about signing anything.
r w kennedy, sir I was paid the very first time they drilled for oil for Tolborts right next to my back fense $990,00, but have not been paid for leasing the land ever again . That first and only lease I received was thru Wards Petrolieum who held my lease supposidly for 0ne year they filled in the well and now have 3 well right down from my property, also know Wagner and Brown Midland TX has to do with these wells till 2003 I do not know how many times it was leased by them again due to all the wells around my property now. I do know, from records at Washita Valley Abstract that as soon as I sold surface rights Oct. 2003 the buyers leased my property to KRC Oil Company Tulsa, knowing the deed has on it (less any minerals rights) and then leased it again 2008 to Southern Bay Energy Houston. who do I contact to get this stopped and to reclaim any past lease money and check with whom as to my legal rights and make charges against the ones that are doing this.
Ms. Prentiss, my first step would be to get a lawyer and have him make a determination that the deed you signed did indeed keep your minerals out of the sale and that they belong to you according to the wording. Mr. Cotten knows, by a wide margin, more about this than I do and he says that the exception is not exactly the same as a reservation. Mr. Cotten has also offered to look at your deed if you could upload it, I would accept his generous offer. I think it possible that you may have to file a statement of ownership of the mineral interest. Had you a mineral deed recorded after the sale severing the minerals the lessees may never have leased the surface owners. It may be you will have to pursue a quiet title proceeding. I think the first step is going to be a lawyer to determine what your deed for the surface did and may not have done. I hope you don't have too much difficulty getting this worked out.
r w Kennedy and Mr Cotton if available I have my Warranty Deed right here in front of me signed by me Oct. 12, 2003 and the buyer is The Office Plus LLC and at the end of describing the property surface rights location states LESS AND EXCEPT ALL RIGHT, TITLE, INTEREST AND ESTATE IN AND TO OIL, GAS AND OTHER MINERALS IN AND UNDER THE LAND.
iT SHOWS AT THE TOP OF THE PAGE WASHITA VALLEY ABSTRACT CO 125981HAS GRADY COUNTY CLERK SHARON SHOEMAKE STAMP WITH BOOK AND PAGE NUMBERS DOC. FEE AMOUNT MORE DOC NUMBERS AND PG NUMBERS AND AT BOTTOM RETURN TOSTEWART ABSTRACT 7tITLE OF OKLAHOMA/ATTN COMMERCIAL DEPARTMENT 101 PARK AVENUE SUITE960 OKLAHOMA CITY, OK 73102 AND A STAMP/SEAL FROM JENNIFER JOHNSON OKLAHOMA COUNTY NOTARY PUBLIC IN AND FOR STATE OF OKLAHOMA AND SIGNED BY HER
I WOULD SEND YOU A COPY BUT I DO NOT HAVE A COPIER OR ANY THING OR WAY TO SEND IT
I think that would do it. Mr. Cotten being a professional landman, mineral manager of great experience, I think would say the document should be considered as a whole, and not in excerpts, but I think the language strongly suggests that the minerals did not go with the land. Unfortunately you may have to retain a lawyer to write the holders of any leases to your minerals letters explaining the situation accompianied by a copy of the deed as oil companies do not tend to listen to people such as you and I. I'm sure it would be helpful if you could make a complete list of those involved before you go to a lawyer, cheaper too. I will stand by my advice in the previous post about not being too quick to sign anything even if it seemingly solves the immediate problem.
Ramona Kay Prentiss said:
r w Kennedy and Mr Cotton if available I have my Warranty Deed right here in front of me signed by me Oct. 12, 2003 and the buyer is The Office Plus LLC and at the end of describing the property surface rights location states LESS AND EXCEPT ALL RIGHT, TITLE, INTEREST AND ESTATE IN AND TO OIL, GAS AND OTHER MINERALS IN AND UNDER THE LAND.
iT SHOWS AT THE TOP OF THE PAGE WASHITA VALLEY ABSTRACT CO 125981HAS GRADY COUNTY CLERK SHARON SHOEMAKE STAMP WITH BOOK AND PAGE NUMBERS DOC. FEE AMOUNT MORE DOC NUMBERS AND PG NUMBERS AND AT BOTTOM RETURN TOSTEWART ABSTRACT 7tITLE OF OKLAHOMA/ATTN COMMERCIAL DEPARTMENT 101 PARK AVENUE SUITE960 OKLAHOMA CITY, OK 73102 AND A STAMP/SEAL FROM JENNIFER JOHNSON OKLAHOMA COUNTY NOTARY PUBLIC IN AND FOR STATE OF OKLAHOMA AND SIGNED BY HER
I WOULD SEND YOU A COPY BUT I DO NOT HAVE A COPIER OR ANY THING OR WAY TO SEND IT
That will skin the cat. Now, can you get your money back from others or the oil company? Nope. If you are in production, you could be in the catbird seat. Just depends on the situation.
MR. COTTON,
I AM SO SORRY, THAT I KNOW SO LITTLE ABOUT THIS (FOR EG. I JUST SPENT 30 MIN ANSWERING THE E-MAIL I WAS SENT, ON THIS, AND HAD TYPED IT ALL UP IN THE TOP WHERE YOU PUT JUST SUBJECT YOU ARE GOING TO DISCUSS) I DO NOT KNOW WHAT THAT WILL SKIN THE CAT MEANS SOMETHING GOOD I HOPE, SO YOU FEEL I CAN NOT RETRIEVE ANY OF THE PAST LEASE OR ROYALTIES THAT MAY HAVE BEEN PAID ON MY MINERALS (RIGHT??)
HOW WOULD I KNOW IF I WAS IN PRODUCTION AND WOULD THE BIRDSEAT BE THE PLACE TO BE IF I WERE???
WHAT DOES THE BIRDSEAT MEAN???? I COULD NOT BEGIN TO TELL YOU WHAT SITUATION I AM IN, COULD YOU OR SOMEONE ELSE THAT READS THESE FORUMS, PLEASE TELL ME WHAT TO DO CONTACT A LAWYER IF SO WHAT KIND DO I PUT SOMEKIND OF CHARGES UP AGAINST THESE PEOPLE WHEN I FIND OUT WHO THEY ARE AND FIRST I NEED TO KNOW HOW TO FIND OUT WHO THEY ARE??? IS THIS NOT STEALING??? TELL ME WHERE TO START
Buddy Cotten said:
That will skin the cat. Now, can you get your money back from others or the oil company? Nope. If you are in production, you could be in the catbird seat. Just depends on the situation.
Best,
Buddy Cotten
Mineral Manager
Ms. Prentiss, I believe that Mr. Cotten approves of the language and the minerals are yours by deed, that is the skinned the cat metephor, means the legal grounds are on your side, it's very good. The problem with retrieveing the past lease bonuses is that it was an error on the lessees side. Just because they leased the wrong people does not mean they owe you money, just that they bought a worthless lease from people who did not have the right to lease the minerals. I think you may be able to sue someone for slander of title if the statute of limitations has not passed, but short of that I see no way to profit from the past lease bonuses. If there has been production of your minerals in the past, you could be owed money, possibly alot of money. You could be a partner in a well and earn more than a lease could ever pay you. This I think would be the catbird seat, a very good position to hold. If I were in your position I would have Buddy Cotten assist me. I will say right now that Buddy is a friend of mine, but that is not why I would hire him. I would hire him because he is good at what he does and would be a far better value in my opinion than a lawyer. I'd just hope he wasn't covered up with work so he could take me on. I'm sure you are going to need professional help with this. I'm fairly certain the state will tell you this is a civil matter and tell you to hire a lawyer because it's not their place to correct this situation. My best wishes go with you.