What official documents prove ownership of mineral rights?
Robert,
A chain of title from the Spanish Land grants in Texas from around 1834 forward is what is what "rules". It's who really owns it and whose opinion of the ownership is. Because a "Landman" says that doesn't make it "so or a fact".
If a landman or a lease broker that is hired by a company, large or small say's this is the ownership does not make it a fact!
Drillsite title is title that is been cured from the land grants forward in Texas. Just because a landman tells you something does not make it a fact of law!
Why don't you get the landman to produce the ownership of the land and minerals you are talking about and give you a written copy at not charge!
Walter:
Its a good idea, how can i get this procedure or found this Landmen? can you know some body speak spanish very well? because my parents needs understand very well everything, how do you see?
Roberto,
Have you parents or you get the contact information of the landman and who his broker is working for.
Get him to tell you this information:
1. What county and survey and the abstract number is.
2. How many surface acres are they wanting to do the lease on.
3. Get him to tell you exactly how many "net. Mineral acres" your family owns.
4. The lease bonus amount they propose to pay you.
5. A copy of the lease and the proposed addendum's.
6. How they are going to pay you. Draft or Check.
This is for starters.
Just some minor modifications --
How can you be sure that you have good title on real estate?
When the Texas Supreme Court tells you that you do - I know of no other way.
Landmen can check title, but they do make mistakes.
Title Companies do not say that you have good title, only that they agree to pay a certain sum of money if the title turns out to be bad.
In the early days, if someone had a Spanish Land Grant & it conflicted with a grant from the Republic of Texas, it's my understanding the courts usually went with Texas.
Of course 1 of the 4 Adverse Possession situations could be a factor on title...as may be the case here.
Roberto,
Has a landman come to your family and presented and oil and gas lease for them to sign?
If so always ask them to tell you up front the exact amount net mineral acres they want to pay you for. You could own 2,000 acres of surface and only 1/8 of the minerals. You then would not get payed $5000 per acre for the oil and gas lease, you would only get 1/8 of $5000 x 2000 acres!
The bottom line is how much is your Check going to be in Dollars!
Hello Walter:
Look, this is the first time in this case, and i want ti know if you knowing any Landman that speak spanish very well, to start our process, i hope that you can help us
Roberto, Questions:
1. Has your family been approached about leasing your minerals?
2. What state and county are they located in?
3. If you live in or near the county you can go to the count house during the week from Tuesday through Thursdays. Ask some of the people there in the County Clerk's office to direct you to a landman or several and as them. It's called competition. "Shop your Minerals" List them on this web site as available for lease.
4. If the minerals are in South Texas there will be numerous spanish speaking landmen.
Proceed with caution. Minerals owners make bad deals no matter how experienced we become.
Give me a call if you want to at 936-544-2222
Hello Walter, I commented that I would like to advise us and giveyour point of view of our process, and if at the time we canformalize your services we would love to meet you, look we have now a recovery of unclaimed rights to an attorney in Houstoncalled Eileen Fowler possibly know, we direct descendants of Mr. Manuel Barrera who bought a property called "the barrel ofLara" of 25000 acres near Alice Texas, recently were declaredlegitimate heirs by a Judge in the City of San Antonio Tx areabout 100 people who are in this process, our lawyer is waiting for a law HB 2611 and HB77 to enact the law to distribute what is appropriate, but that is a first step, unfortunately, nocommunication with this attorney is very fluid and have many doubts, we want to know if we are entitled to royalties and also tolease our mineral rights I guess if we have, I have tried toinvestigate how oil wells are active and not active in the property and to claim these royalties, I went to the agency via internetRailRoad and only got a county record that is the Jim WellsCounty and can not know whether or not there is that propertycompanies, it is possible to know the potential of this? I hope toknow your opinion
I believe the situation is as I suspected -- that your claim is based on an old land grant, possibly from the Spanish or Mexican Government.
But I'm sure you've heard the expression that possession is 9/10th of the law & inasmuch as we have adverse possession in Texas the courts will want to know when you were last in possession & when you last paid taxes?
These law suits have not been successful in the past.
I have no idea what the legislation you mention states?
Estimado Sr. Lopez,
La situacion que usted describe es raramente o nunca exitio en Texas. Usted y su familia deben recorrer un sendero largo y dificil. Posesion de la tierra es la ley.
Pase mchos anos trabajando en Alice y San Diego. Es una pena que sea demasiado dificil cruzar el Rio Bravo a los asesinatos sobre drogas.
Buena Suerte a usted.
(Hablo solo un poco espanol. Porque mi esposa nacio y se crio en America del Sur. Ella es Boliviana)
Roberto,
Alice and Jim Wells County are real hot Eagle Ford Shale plays. Bonus money starts at $2,500 per acre and a 1/4 royalties. Everything goes back to the land grants in Texas and moves forward or is supposed to when drilling and production begins. Companies will drill with bad title and hold the money, then the state get's it after a period of time.
1. Have you or your family you mention in the court documents and rulings been contacted about leasing your rights and have they told you how many net mineral acres there are?
2. I am not a lawyer so this is just free advise and possibly wrong.
If you claim of 25,000 acres is right you need to get this resolved and fast. 99% of the time large family members can't agree on what % their far share is and they can't agree on the heirship.
3. Did Maunel Barrera sell all or part of the land in the 1,800's? If he did you have no claim. We do not have enough information to make a good decision about what you should do.
4. Advese possession in my opinion in Texas is a big bunch of you know what! It won't fly in the long run!
Roberto Lozano Lopez said:
Hello Walter, I commented that I would like to advise us and giveyour point of view of our process, and if at the time we canformalize your services we would love to meet you, look we have now a recovery of unclaimed rights to an attorney in Houstoncalled Eileen Fowler possibly know, we direct descendants of Mr. Manuel Barrera who bought a property called "the barrel ofLara" of 25000 acres near Alice Texas, recently were declaredlegitimate heirs by a Judge in the City of San Antonio Tx areabout 100 people who are in this process, our lawyer is waiting for a law HB 2611 and HB77 to enact the law to distribute what is appropriate, but that is a first step, unfortunately, nocommunication with this attorney is very fluid and have many doubts, we want to know if we are entitled to royalties and also tolease our mineral rights I guess if we have, I have tried toinvestigate how oil wells are active and not active in the property and to claim these royalties, I went to the agency via internetRailRoad and only got a county record that is the Jim WellsCounty and can not know whether or not there is that propertycompanies, it is possible to know the potential of this? I hope toknow your opinion
I cant imagine why you think adverse possession doesnt work
In the Houston area we had several hundred acres taken not too long ago
As I recall...
It was in an estate left to 2 sisters & a brother..all elderly
The court ordered the brother, as executor, to sell the property to satisfy IRS even though the 2 sisters were living on the place...1 sister taking care of the other who was an invalid.
The brother offered to get the sisters a house with a/c but the sisters just wanted to stay in their shack with their milk cow, chickens, and garden
When the RE developer. who bought the property, attempted to come on the property he was greeted with a shotgun & told not to come back
Finally he let the bank repossess their million dollar + loan
The bank tried many things to get the old ladies off -- as the developer had, but were greeted in the same way
Finally, the bank got fed up & got an eviction notice
But the old ladies got an atty who claimed Adverse Possession
The judge wanted to make sure they'd been running people off for more'n 10 yrs? It had been 12
And what could be more adverse than a shotgun...said the judge?
Legal processes have to go through many "hoops". Most "hoops" are not perfect. A lot of small town buddy, buddy politics are usually at work. I'll hire you because you are my buddy in the legal system. When it comes right down to "drill site title" from the land grants forward a lot of "dirty laundry" will be uncovered. It's called curing the title.
I for one am not going to let anybody, county or state take my property by "adverse possession"
Every state has some form of adverse possession.
Here in Texas I've had property where the old legal descrption had straight lines, but to determine what was now actually owned the surveyor used the fences with their bends & turns if he determined the fences had been there for 10 yrs.
Walter Stewart said:
Legal processes have to go through many "hoops". Most "hoops" are not perfect. A lot of small town buddy, buddy politics are usually at work. I'll hire you because you are my buddy in the legal system. When it comes right down to "drill site title" from the land grants forward a lot of "dirty laundry" will be uncovered. It's called curing the title.
I for one am not going to let anybody, county or state take my property by "adverse possession"
Dillion, I have had the same thing happen several times over the year’s about fences being off the property line. This is real common in East Texas if the properties have not change ownership much. I have signed boundary line agreements several times. Just because a surveyor say’s it is, just like a landman saying it. It doesn’t make it a fact! In the case of an oil or gas well producing many thousands of dollars per net mineral acre per month. A mineral owner would want to get every square in the unit he can. That’s why from what I have seen the oil companies always completely do a new survey for a unit.
Now if a man has 400 acres & he sells me 200 acres & you 200 acres & I asked you if you want to split fence costs & you say - no - because you dont plan on doing anything w/ the property for several years
& so I put up a fence & the oil Company, 20 yrs later, leases my 210 acres you wouldnt be mad, would you?
Walter Stewart said:
Dillion, I have had the same thing happen several times over the year's about fences being off the property line. This is real common in East Texas if the properties have not change ownership much. I have signed boundary line agreements several times. Just because a surveyor say's it is, just like a landman saying it. It doesn't make it a fact! In the case of an oil or gas well producing many thousands of dollars per net mineral acre per month. A mineral owner would want to get every square in the unit he can. That's why from what I have seen the oil companies always completely do a new survey for a unit.