• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Gas, Oil, Mineral Lease questions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


What is the name of your state (only U.S. law)? Texas / Missouri

My elderly mother recently received a proposed oil, gas, and mineral lease on some property in which she apparently has interest located in Dimmit County Texas. We (and most of those involved) are located in Missouri. I never knew about this until a few weeks ago and therefore my facts are limited. What I know so far is that my great-grandfather acquired approximately 10 acres in 1922. He, great-grandmother, and all 8 of their children are deceased. All heirs (about 30) have been contacted by a professional land service corporation on behalf of an oil and gas exploration and production company in order to acquire the mineral leases. I plan to contact an attorney but would at least like to be able to acquire enough information prior to that in order to have even a remote idea of what I’m talking about and what to ask when I do. :) Using the Texas Bar Association website I located one attorney in my area that is licensed in Texas, but I have not yet contacted him.

Assuming the attorney in my area can / would be interested, I’m also wondering if it would make more sense to hire an attorney in Texas. Would there be a benefit to having an attorney in Texas? Of course I’m wondering exactly how familiar the attorney local to me would be with Texas law if his primary practice is in Missouri. I assume he wouldn’t be licensed in Texas if he isn’t familiar, but are there any other advantages to having an attorney located in the same state as the property?

I am at a loss as to how the heirs have retained ownership for so many years. Apparently at least one of my great-aunts had paid property taxes. I have no idea if that was a portion or all or even for how long. However, she is deceased for over 15 years. I’m also sure that none in the family have actually used this property for many years if ever. Great-grandfather died in 1956 and I seriously wonder if even he had utilized the property. Any insight as to Texas law with regard to this and / or links? I’ve only found limited information. I don’t want to waste a bunch of time and money if the title is questionable. I also don’t want my mother to sign a lease and then have the state hit her with back taxes or some such hidden peril.

One provision of the proposed lease appears to me to be stating that the Lessor warrants the title to the Lessee. In light of the above, I don’t see that being wise at all. Would this be a negotiable provision of the lease? IE would it be likely that the Lessee would agree to an eventual lease without that provision because I think it’s a deal breaker for me.

If some, none, or all of the heirs do not reach an agreement with them, any idea what options the proposed Lessee can take to pursue the issue? I prefer to try to work with them as even such a small interest seems more productive than a virtually abandoned piece of property. But, I’m not interested if the lease is more cost / trouble than it is worth.

Any information / links / even pertinent suggestions on what to discuss with an attorney regarding mineral leases in general if one has experience would be appreciated.


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential