Virginia Moore’s Answers

Virginia Moore

Flower Mound Oil / Gas Attorney.

Contributor Level 7
  1. What should I do if a company wants to lease my property to check for oil ?

    Answered over 2 years ago.

    1. Virginia Moore
    1 lawyer answer

    There are a number of significant oil and gas plays in the United States right now. East Texas is home to the Haynesville Shale Play which has been active for the last 4-5 years. Without knowing exactly where your property is, I can't offer you any information regarding its proximity to the "hot areas" but you should not ignore the landmen inquiries you are receiving. Bonus rates and royalty rates have increased significantly recently. Oil and gas leases used to offer a uniform 1/8 royalty -...

    4 lawyers agreed with this answer

  2. Should I use a lawyer to negotiate the sell of my mineral rights and how do I find the proper lawyer?

    Answered 10 months ago.

    1. John R. Bonica
    2. Robert Werner von Dohlen
    3. Michael Chenier Sanders
    4. Virginia Moore
    5. Christopher Thomas Gasper
    6. ···
    6 lawyer answers

    By all means, please consult with an attorney before signing a surface waiver or selling your mineral rights. The surface is subordinate to the mineral estate. It can be completely destroyed if necessary without compensation to the surface owner once minerals are severed or surface rights granted. The small amount you've been offered will not compensate you for the damages you are likely to incur. Since you are in the Houston area, it is likely that your property lies in what is known as...

    3 lawyers agreed with this answer

  3. I received a contract to allow an oil and gas company in Texas to lease my land. Is it legitimate?

    Answered 8 months ago.

    1. John R. Bonica
    2. Keith Taylor
    3. Jack Arthur Najarian
    4. Virginia Moore
    5. Brent Schafer
    5 lawyer answers

    It's often not worth the effort to determine exactly what you own when you are being approached for a lease. Just be sure to secure assistance in modifying the lease form to exempt the transaction from any warranty of title and specify that you will be paid for the amount of acreage you are ultimately determined to own. I add a clause that there is no obligation to repay any overage in bonus if the Lessor is found to own less acreage, but if found to own more, the bonus will be adjusted and...

    1 lawyer agreed with this answer

  4. A land man came to see me about leasing my minerals on 14 acres. How do I find out if I own any minerals?

    Answered over 2 years ago.

    1. Timothy Paul Lester
    2. Gary Joe Holloway
    3. Sean Christopher Markey
    4. Virginia Moore
    4 lawyer answers

    I don't recommend you incur a lot of expense researching ownership yourself - the more important thing in my opinion is to check the language of the lease you are being asked to sign. It will contain a "warranty of title" - if left unmodified, you will be liable to reimburse the bonus and any royalties if it turns out that a landman made a mistake in getting your signature at all (or the interest he claims you own). Generally, initial lease offers are not based on full abstracts of title and...

    1 lawyer agreed with this answer

  5. My dad deeded 1/2 acre to me. My mother did not sign the deed just my father. Is this deed legal even though my mom

    Answered over 5 years ago.

    1. Virginia Moore
    2 lawyer answers

    Re Additional Information - Mother's death means that her one-half share would pass either (1) under her will (if she died with a will) to the beneficiaries named in the will or (2) via intestacy (dying without a will) to her heirs-at-law. If you are a beneficiary under the will, you may be able to work with the Executor and the other beneficiaries of the will to trade for the other half of this property in lieu of other bequests to you. May be handled via a Family Settlement Agreement....

    1 person marked this answer as helpful

  6. My dad deeded 1/2 acre to me. My mother did not sign the deed just my father. Is this deed legal even though my mom

    Answered over 5 years ago.

    1. Virginia Moore
    2 lawyer answers

    The deed is binding against the interest your father owned in the land. I assume that your parents also reside in the State of Texas. Texas is a community property state, so unless your parents have entered into an agreement to separate their respective interests in this property, your mother would still own one half interest in the property, making you and your mother tenants in common. You do have certain rights as well as duties in dealing with the property when you share ownership in...

  7. OIL AND GAS LEASE

    Answered over 5 years ago.

    1. Matthew Roger Reynolds
    2. Virginia Moore
    2 lawyer answers

    I do not practice in your state so you will need to confirm this with an oil / gas attorney in PA. Generally this clause deals with severance and other state taxes. As an accountant friend of mine once stated, "I'll be glad to take your income and pay the taxes on it as I will still be ahead." I can't imagine a situation where the taxes would exceed the income. All that being said, you would be wise to either retain an attorney to review your lease and educate you on its terms or you may...

    2 people marked this answer as helpful

  8. Is the automatic renewal clause in my natural gas lease valid?

    Answered about 4 years ago.

    1. Erik Hammarlund
    2. Virginia Moore
    2 lawyer answers

    While I do not practice in your state and would recommend that you consult an oil and gas attorney to review your lease, these clauses are usually enforceable when negotiated at the inception of a "paid-up" lease where they form part of the consideration to the operator. If the initial bonus payment was for the first year's rental only and the lease calls for delay rentals to be paid on an annual basis and such payments hve not been made in a timely manner, you may cause to challenge whether...