HELP! Someone has a lease on my land? Now what? its not legally theirs.....
I have found out that my great great grand father had sold land way back in the day, next to the land I have presently. I found it by accident, just pulling deeds all the way back, I say my grandpas name ans said..oh, well let me check that out. I pulled it and saw the reservations, for everything. so I pulled were that land had been sold agian and the same reservations where kept...so I was just checking leases in my area to find out who was the big dog where I was and sure enough...BAM a lease in the land owners name, while I have the reservations. There was no deed ever showing that the mineral intrest were ever sold or conveyed, I pulled every record there concerning that property all the way back to the present...so NOW what do i do? is this a negotiating tool? Is it automatically mine? Do they have eto give me the bonus they gave him? How do I go forward? PLEASE ADVISE, this was yet another learning experience in this game, I wasnt prepared for? HELP!!!
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Replies to This Discussion
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Permalink Reply by Mike Flor on -
Go to the courthouse and pull deeds back approx 100 years..make copies and visit an attorney who will accurately read the information. In most cases the gas company leasing already did a title check..but sometimes not thoroughly as I personal found out on some property we own with oil/gas rights that were leased unknowingly to the surface owner ..only to have lease voided..before a lawsuit was started. Good luck...
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Permalink Reply by Dee on
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It sounds like you need to find a good real estate attorney in your area to take your information to. There are several things that could have happened, such a back tax sale, or some states passed laws that let some mineral rights revert back to the surface owner if there had not been demonstrated ownership....like paying taxes, etc. If the 'big dog' is well connected you may have to go out of your area to find someone to give you an honest opinion.
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Permalink Reply by Oil and Gas nightmare on
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well, that would suck...if a lack of intrest is a good enough reason, because how could they say they know your intentions, and when you would need those rights... I dont thin that is the the case, it was sold from my grandma to a lady in 1951, then sold agian with the same reservations in 1974, although long ago, it would seem to me like it couldnt be justifable to just say, screw your reservations, we'er taking them...god I hope thats not the LAW or atleast they have to rpove they did a reasonable serach for you before they just took them... well lets say for sh*ts and giggles its all legit and I own the rights still, is the comoany really going to battle me or are they intrested in leasing the land still , just switch the owners names..isnt it that easy?
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Check this out though this lease was put on there in 2006!!! I have the land owners deed and even someone that has never worked in this industry could read it and know this guy who has the lease in his name doesnt own the minerlas(on this land I am just the mineral owner)....it says excepting and reserving the coal, the pittsburg coal, the oil and gas, and rights of way. I thought the same thing about them looking really deep at the title but I mean one read and you know this peron doesnt own one thing under the land...so how do yo handle that?
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Permalink Reply by Tom on
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Lynn,
You bet it could be a negotiating tool! I can hardly believe how similar our land scenarios are. Our’s dates back to the 1800s. You need help to expedite your process!
I just learned from one of the friends on this forum (Steve) that it was ok to share names and phone numbers. The person that I worked with regarding the family property in Greene is Tyler Courtney. He is an amazing professional along with his attorney and other associates and always happy to educate you and advise you accordingly on this issue and everything else we've discussed for free unless he lands a quality contract a top notch gas company that you agree to.
He continues to be available even after our payment to him the same day we got our check back in March from the gas company. Best money we have ever spent. He encourages you to take his contracts to your own or another lawyer of choice, no problem and we did. As I said before, "Actual performance in your favor regarding consultants, land men, attorneys, operators, and gas companies, what have you is what matters.” Make sure they can take you to a wellhead they are involved and get some testimoney from the mineral rights owners.
Tyler’s number is 724-244-5895 and mine is 907-322-4650 if you would like to visit with me. Remember I am currently four hours behind you until Friday of next week when I fly to Orlando for a meeting regarding my involvement in the wireless industry with a focus on helping people save up to 70% on their minutes, texting and data and up to 85% on their Rx pharmacy bills. Didn’t know I was a drug dealer too did ya? Ha ha! I love helping people be a participant in their own economic rescues because our government can’t seem to listen to what works. After that we plan be to back home in Greene County before all th leaves fall down!
I am seriously excited about doing anything I can to help our country realize it’s time to wake up and use more of our own resources both natural and human. As we experience “Change” I feel it’s time for Lasting Positive Change! Continue going forward! Onward and upward!
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Awesome thank you! I will give you a call for sure! I will wait until your on eastern standard time...I really appercaite it.....:)
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