About 3 years ago we leased our mineral rights to a company in Tyler. I believe they have certified the title. I haven't heard anything since. Now we have another lease in the works with another company. They made a comment that when the title is certified we will have to pay for the deeds to be put in out names. Is this true? There are about 50 of us and some of us only have about 1/10th of an acre. If this is true, how much is this going to cost to have the deeds put in each persons name? Any suggestions or comments are welcome. Thank you in advance.

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The only fee involved is the fee to Tyler County for recording a deed. It is minimal-$2.00 for the first page and $1.00 fo additional pages to the deed. There would also be a cost of an Attorney of preparing the deed, or more likely, an Affidavit of Heirship, asserting your claim to the interests. My guess is that you are an heir and have no clear title to the interest, so one Affidavit could cover all heirs and you could all share the costs, which, divided by 50, would also be minimal. Whomever you spoke to-unless he was your personal attorney-was giving advice when he should not have. No company will give a mineral owner access to certified title. Seek the advice of a competent attorney concerning your interest. No Landman can give legal advice to you, even if they are an Attorney, as they represent the Oil and Gas company. Good Luck!

 

Ken

Thank you for responding.

Yes, I am an heir and this was my Great- Great Grandmothers. They have all of the paperwork wills, birth and death certificates and are in the middle of certifying the title. Which should be ok.

 Does the certification process actually change the title at the court house or only for their own information? I am sure it would be better in the long run to have the title in our names so our ancestors do not have to go as far in the lineage. Thank you again.

 So if we have to process a deed to the mineral rights I shouldn't be too worried about the cost?

Certification is only for the company-they will do nothing about the title. As I mentioned, an attorney would probably draft an Affidavit of Heirship for you and the other heirs. You would then file it with the clerk and get with the Assessor's office to get a Tax Ticket for your interest. The costs should be very little. I hope that this helps.

Yes it does, thank you very much.

The company might help with filing wills etc with the courthouse. I have seen instances in another county where they helped with affidavits of heirship (w hen there is no will to record). I think there needs to be some kind of paper trail to follow. As Ken said it is best to have your own attorney advise you.

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