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Need help getting my mineral rights back. Is there any lawyer that will help me?
Anonymous6 views6 answers
My hubby found out he has mineral rights 2 1/2 yrs ago.We had no clue how to claim it.Our landlord at the time was a (in his 80's)former judge,colonel in the army,attorney(but disbarred).Very well known and disliked.We were renting from him over a year and trusted him despite the bad things we heard.So we went to him.Too make a long story short..our landlords friend(in his 80's)came to us and said he could get us a loan because it had been close to a year and still not getting paid.We needed it!My hubby asked him "blank name--this is in no way signing my rights over, right?" He reassured us it wasnt.He lied! We figured it out 2 months later when the vp told us.We got them back.About 7 mths later it is in suspense again.Our old ll's said to send all checks to them. Its clouded who owns it.
You need to make sure any attorney you retain is licensed in the state where the land in question is located.
You can use either the find-a-lawyer feature on this site, or on the website for the bar of that same state where the land is located.
If the land, like you, is located in Texas you can got to the following link and search using the "Search by Education, Certification, Services" module at the bottom of the page:
http://www.texasbar.com/am/template.cfm?section=advanced_search
Best of luck in finding a happy resolution.
You are likely going to need a suit to clear title. Find an attorney who is familiar with real estate law and is comfortable with litigating claims in court.
First, you don't have to "claim" mineral rights in Texas. You either own them or you don't. I don't understand what you mean by "we got them back." It sounds like your husband signed a document at the time he thought he was obtaining a loan. It is not clear whether the instrument your husband signed was a Deed of Trust or Mortgage that pledged the mineral interest as collateral to secure the loan or a Mineral Deed by which he conveyed away his mineral interest. You really need to see a Texas lawyer and show him the instrument your husband signed. There are statutes of limitations beyond which you will not be able to sue to recover the mineral interest if it has been conveyed away. Therefore, if the mineral interest is valuable, you should not delay in visiting with a lawyer.
I could not agree with you more!! However: it sounds as though with the "mineral rights" being such a "hot topic" in Texas, individuals may be led astray. Okay, you are tenant? Obliviously, the mineral rights are not associated with your rental since you are leasing and do not own. When was your husband a current or past owner of mineral rights? Do you have your lease agreement with landlord of the mineral rights? Did your husband sign a document stating he was the "legal" owner of the minerals? I would definitely get my ducks in row with all my documentation to support your case. If it is in the state of Texas, find attorney that has several experience in this area or if another state, the same. Best of Luck!!
