I was researching certain tracts where we may potentially maintain some ORI rights. In looking at the GIS viewer and specifically certain wells I note in red "This well has bee classified as an Orphan Well by the RRC. If you are interested in becoming the well operator please use link below for further instruction."
What is an Orphan Well and does it at times hold old leases that might allow retention of ORI value?
I inherited mineral rights in both Texas and Oklahoma and was required to have the probate documents. I tried the the affidavit of heirship and it was not accepted despite my best efforts. In a few cases I also had to have a landman verify my actual ownership for the Companies. They had been paying someone else part of my ownership. Even had to hire an attorney to help get it straightened out. I did prevail in the end! But it was not easy. Keep at it and don’t give up.
Hi - how can minerals owned by a relative be searched out ? Grandfather’s Will states minerals owned but no specific location . Just refers to County. Tks John Morgan
Orphan well is one that is abandoned by the Operator. The well is not being produced and hasn't been plugged and often there is site cleanup needed.
The OERB (Oklahoma Energy Resources Board) in Oklahoma has cleaned up I believe over 1,000 abandoned wells, and spends millions every year. Operators, Working Interest Owners and Royalty Owners have 1/10th of one percent deducted from their checks to fund these cleanups.
John, some computerized counties may have alphabetical listing of owners but most do not. If you have no more description than County name, I would regularly check unclaimed properties.
Robert, If a probate has been filed, then is understandable that they may want that resolved. Affidavits of heirship are used to pass title when no probate was ever filed.
I am being asked to sign a Ratification and Consent for a pooling in a West Texas county. This is one in which we do not have executory rights and it is currently subject to a 1/6 royalty on 320 acres.
Some time ago, one of the members mentioned that a pooling was a cross conveyance of minerals and might allow for a termination/modification to lease terms. Due to the fact that i see permitted horizontal wells upto this track, is there any thing that can be done to strengthen our position?
Good Afternoon,
My family and I have 2 areas of land for lease in Dawson County, there are 4 of us, we only own the minerals, we do not want to sale, we have one area that is 240 acres, it is in Block 35 section 2 T4N, the 160 is in Block 35 Section 28 T5N. please contact me at marc.rogers33@yahoo.com if you have any questions. thank you
John Morgan from August 27, 2017:
You have to research the records of the County Clerk, County Court Clerk and District Court Clerk in any County to determine what is owned by anyone. That's what a Landman does for people.
What County does the Will list? Many Counties in Texas have at least some of their Real Property Records (Clerk's Records) available online, which might help you identify the properties involved.
Another avenue is that the Counties in Texas tax producing mineral and royalty interests. If you can provide me with what name(s) would the interests be under, I can check the State's Mineral Tax Rolls for you.
Maybe somebody has money waiting for you to claim it!
Hope this helps -
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
I read that a Land Grant Patent (around 1852) when claimed and brought forward to the present - the mineral rights revert back to the land, can anyone tell me more?
LC in Texas -
In Texas, when the minerals are severed from the surface the only way they can return to the surface is to be re-acquired, either by purchase or inheritance.
Charles Emery Tooke III
Certified Professional Landman
Fort Worth, Texas
Are you familiar with Land Grant Patents? They are the highest title of ownership. The inferior "Deed's" is a corporation term.
The process of filing for a patent can be expensive and requires a licensed surveyor to determine the exact size and legal description of the tract in question. To get a patent today will not alter the legal ownership of either the surface or the minerals. In a sense, it is simply the final step in process of transferring the property out of the State. If in the course of sales and assignments over the years, from the original grantee forward, the surface and minerals were severed, then they will remain severed.
I'm sorry, I must disagree with your comment. I have a Patented Land Grant - signed and sealed by the Governor of Texas and the Texas Land Commissioner brought forward to the present and on file at the courthouse. Since no other claims of ownership are on file, I am the legal owner of the land and there are no mineral exemptions. I have not sold my rights. Unethical attorney's severed the mineral rights from the land prior to my purchase.
Since I am an assign of this Patented Land Grant, I guess that would mean I inherited it.
I suggest that you contact an experienced title attorney to help you sort out whether you own only surface or also own some or all of the minerals. The GLO does not trace, change or authorize title to issue a patent - whether the patent was issued decades ago or only recently. No one files against the patent. Rather, you must trace the entire deed history from the original grantee forward through the deed records to determine ownership. Title comes through the original grantee, not the name of the person who paid for the patent. Your posts are confusing as you state that you purchased the tract and then state you inherited it. Perhaps if you post the full legal description of the tract, someone might be able to give you better direction to trace what you own.
My title came to me by the original grantee, as an assign. It is true that the GLO does not trace, change or authorize title to issue a patent. The GLO can bring forward a patent if legally claimed. The grantee owns the patent, he filed for it, ( " not the name of the person who paid for the patent") its on record.
My statement was I purchased the land (an assign) by Deed. By claiming the Land Grant as an assign and bringing the Patent forward shows I am Legal Owner verified by court records.
I realize not a lot of people know how to go about this since it is easier to just draw up a Deed, Warranty Deed, or Quitclaim Deed but they are not true ownership in Texas.
As far as posting full legal description of the "tract" - The question asked was:I read that a Land Grant Patent (around 1852) when claimed and brought forward to the present - the mineral rights revert back to the land, can anyone tell me more? Since you know nothing about the subject, maybe you should not have commented or tried researching the issue.
Since my comment was deleted, I presume you did not like my honest comment. Quit misleading people!
Cra.
In Texas when mineral rights are severed they usually remain so depending upon who they were conveyed to. It is always a real good idea that if you sell land to always state in the deed that you are retaining the mineral rights with a complete description of what you are keeping even they they are separate. Then there is no doubt about it.