Comment

Comment by David Spencer on June 13, 2012 at 9:42am

We are using Dean Rohrig as well. Our family has used him for many years.

He is reasonable and knows everyone as he was prosecuting attorney for many years.

Comment by Ken Barton on June 13, 2012 at 9:32am

Jim-I am uncertain about what you mean about "royalty interests" on "leases".  I am specifically referring to a mineral reservation made in a deed of conveyance, where the Grantor reserves all or part of the mineral interests.  In that case, in the past, the terms "1/8 royalty", "royalty", "oil & gas" and others have been used to indicate a severance of the minerals.  The deed which severs, or attempts to sever the  minerals would be what a court would use to determine the intent of the Grantor, if he or she was not living to give testimony, based upon the wording of this deed and others written in the same time frame, by the same authors.  One reason for this confusion is old leases used to be Delay Rental-meaning that the only income derived from the lease was and oil and/or gas royalty payment if a well was drilled and produced, or a payment-usually $ 50 or $ 75 dollars per quarter during the term of the lease, if no well was drilled.  Paid Up leases, which are fairly recent instruments in WV allow the person with leasing rights to receive the bonus payment, and someone who only has a right to the "royalty" only gets money if a well is productive.  As I said, though, it is very rare to find anyone in Tyler County with royalty rights, who doesn't also have the mineral, (i.e. leasing) rights, although a common situation is if a family member give an older son or daughter leasing rights by will, but gives other family members land with royalty rights. The older son, daughter or their heirs may maintain the leasing rights, while the heirs of the othr children retain royalty rights of the property.  In a family situation, it is not uncommon for the minerals to not have a separate tax ticket, and although one family member has the executive (leasing) rights, he is taxed the same as the children with royalty rights only.  I believe that "Gas Girl", or anyone else for that matter should not give up any rights or acquiese to anybody's opinion, unless compelling evidence is presented that they have no leasing rights.

Comment by Ken Barton on June 13, 2012 at 8:54am

Mr. White makes a good point about intent.  If there were producing wells on the tract in question when it was conveyed to another party, then this may mean that the previous owner retained or reserved the "royalty", however, in most of the old deeds, as I stated before, royalty refers to the oil and gas interests-the mineral interests.   Reserving the royalty, while not retaining the mineral interests is very rare in Tyler County, based on research that I have personally done.  There have been at least four periods of aggressive O & G exploration and production in Tyler County, so most mineral owners were keenly aware of the value of their mineral interest and depending on when your mineral interests were severed from the surface, a cursory look at other deeds that were issued at that time would have similar language, as they were probably written by the same lawyer or lawyers who practiced in Tyler County during those years.   

Comment by Jim White on June 13, 2012 at 8:38am

Ken

We have a lot of interests in another county on some very old leases that just state "royalty interests". Are you saying that they should/can be considered mineral interests? If so that would be some welcome news. I am sure it would depend on the writing in the deed/lease, but from what I remember, the leases did not specifically exclude mineral rights.

Comment by Ken Barton on June 13, 2012 at 7:45am

You're very welcome. Good Luck!

Comment by Gas Girl on June 13, 2012 at 7:29am

Thank you Ken.

Comment by Ken Barton on June 13, 2012 at 6:23am

It has long been a legal precedent that the terms "royalty" and "mineral interests" are synonymous in West Virginia, until the  1980s.  Regardless, what a attorney's title opinion is, this will probably have to be litigated and a court will have the final say.  You need to immediately retain an attorney and have him contest this.  Any of the attorneys in Tyler County are more than capable of handling this.  I am partial to Dean Rohrig because of his experience, although I have only dealt with him on leasing matters, but I have clients who are very pleased with his work.

Comment by Gas Girl on June 13, 2012 at 6:06am

I am paying taxes on it, it is what the attorney's say regarding the matter and what they are willing to certify to.  The Assessor and Local Attorneys agree Royalty and Mineral interest were used interchangeabley and the intent was to convey.     Its the out-of-town attorneys that are having issues with it. 

 

Comment by Nancy Mosley on June 12, 2012 at 3:10pm

Hi Gas Girl,

What does the assessor's office say about it? OGM? or something else? This would be on the yearly tax bill.

Nancy Mosley

Comment by Gas Girl on June 12, 2012 at 2:54am

Hello:  We live in Tyler County where oil and gas conveyances were often referred and assessed as “royalty”.     We have just received notice that the language of “royalty only” voids our mineral interest by an out of the area attorney.   In Tyler and Wetzel Counties, it was common to interchange the two and they were assessed accordingly.   Has anyone had any success in fighting this.   The intent was to convey oil and gas (royalties), not take it away 100 yrs later.     Advice and or a good attorney would be greatly appreciated.

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