In 1929 the property I own was part of an estate that was split between heirs. The oil and gas did not go with property but was to be held in common among heirs. Each heir was given leasing rights to their particular section and they could lease and receive rents and bonuses for that. The five heirs were given a tract of land and but some were given more than one share in oil and gas making 8 shares. I own two of the sections of land since one heir bought another out. The first transaction between heirs no exception was made for oil and gas but when the second heir sold combined properties he reserved 1/2 of his share of oil and gas in the property. Leasing company wants to pay 1/2 of the leasing money to me but haven't made commitment on any royalty interest. Since the heir owned 1/8 interest in royalty should it transfer with property making me owning 1/16 interest. Leasing company thinks maybe he was only reserving 1/2 of leasing interest? Also since the first heir didn't reserve anything would the second one have gotten that 1/8? Since it was held in common does any interest in the oil and gas go with property? Is this complicated or what? This is in West Virginia.
That's interesting, the leasing company hasn't "made commitment on any royalty interest." They don't have an option, they must pay you whatever royalties are due to you. Of course, if they are as confused with the title as I am , they might pay you more in bonus than you are actually entitled to as a "protection lease," to make sure that they are leasing whatever they think is the maximum acreage that you own, and then, if they drill the well and it's time to pay royalties and their attorney clears up the title and you actually are due royalties in an amount corresponding to a smaller number of net mineral acres than they leased from you, that would explain their strange comment to you.
I got checks for the leases and they will decide royalty interest when needed. A different person researched each section and came up with entirely different ideas on mineral ownership. One even said there was a heir who didn't sign off on deeds but my lawyer found that a sister had bought his rights the year before. They said he owned 1/7 th. of my property. Would of been hard for him to collect anyway since he died in 1956.