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  1. #1
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    Default Minerals Quitclaimed to Me Out of Nowhere, Now Expected to Disclaim Them Back

    My question involves real estate located in the State of: Kansas

    A couple years ago, I "excuted a mineral/royalty/overriding royalty deed in favor of X company". I just wanted to get rid of some oil interests that were sending me tiny checks every quarter, and thought that was that.

    A couple weeks ago I get a notice that a law office expects me to sign a disclaimer or they will file suit. They claim the client cannot drill without it. I will copy and paste what it says at the bottom.

    What I'm wondering is, does this make sense to anyone, and can you make it make sense to me? And further, do they have any grounds to file a suit?

    Here is a scan of the disclaimer with names and details redacted, sorry if it's a little hard to read due to that: http://imgur.com/E3ccv

    Thanks for any info. I have not contacted them, because, well, I really don't want to, nor would I trust anything they tell me. I don't have the resources for a lawyer of my own if there's no point in it.

  2. #2
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    Default Re: Minerals Quitclaimed to Me Out of Nowhere, Now Expected to Disclaim Them Back





    there are several sections involved here. In the first, I presume it refers to you quit claiming the rights to XXXX ltd and XXXXX ltd.

    following that, there is reference to a quitclaim from XXXXX ltd and XXXXX ltd to somebody. Who did they transfer those rights to? In the statement "back to" suggests they transferred the rights, or at least some of those rights back to you.

    following that, it states XXXXX never owned any mineral rights in [the property presumably we are speaking of]. Who are they speaking of here?

    Then, it would appear is a statement, presumably to be acknowledged by you, that you do not hold any interest in the [presumably the property in question].
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
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    Default Re: Minerals Quitclaimed to Me Out of Nowhere, Now Expected to Disclaim Them Back

    To answer your questions:

    "there are several sections involved here. In the first, I presume it refers to you quit claiming the rights to XXXX ltd and XXXXX ltd."

    That is correct.

    "following that, there is reference to a quitclaim from XXXXX ltd and XXXXX ltd to somebody. Who did they transfer those rights to? "

    Me.

    "following that, it states XXXXX never owned any mineral rights in [the property presumably we are speaking of]. Who are they speaking of here?"

    Once again me.

    "Then, it would appear is a statement, presumably to be acknowledged by you, that you do not hold any interest in the [presumably the property in question]."

    That's correct.

  4. #4
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    Default Re: Minerals Quitclaimed to Me Out of Nowhere, Now Expected to Disclaim Them Back

    if they quitclaimed the rights back to you, if your intent was to have them own them, why did they transfer them back to you? at that time, you would then hold an interest in the property, correct?

    "following that, it states XXXXX never owned any mineral rights in [the property presumably we are speaking of]. Who are they speaking of here?"
    why would you state you never owned any mineral rights in the property? Isn't that what you were intending on transferring to them? Isn't that what they transferred back to you?


    "Then, it would appear is a statement, presumably to be acknowledged by you, that you do not hold any interest in the [presumably the property in question]."
    how could you agree to that? If they transferred the rights back to you, then you would hold an interest in the mineral rights.

    that partial document just doesn't make any sense by itself.

    time for a lawyer who can review all of the concerned documents
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
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    Default Re: Minerals Quitclaimed to Me Out of Nowhere, Now Expected to Disclaim Them Back

    why did they transfer them back, did they even transfer them back? these are my questions as well. If they quitclaimed them and I wasn't even involved in the process, do I own something I wasn't aware of now?

    They've threatened to file suit to get me to sign the disclaimer.

  6. #6
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    Default Re: Minerals Quitclaimed to Me Out of Nowhere, Now Expected to Disclaim Them Back

    Quote Quoting Terikan
    View Post
    why did they transfer them back, did they even transfer them back? these are my questions as well. If they quitclaimed them and I wasn't even involved in the process, do I own something I wasn't aware of now?

    They've threatened to file suit to get me to sign the disclaimer.
    they claimed to have transferred them back. It even references the location of the deed at the register of deeds. Research that and see what's there.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  7. #7
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    Aug 2012
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    Default Re: Minerals Quitclaimed to Me Out of Nowhere, Now Expected to Disclaim Them Back

    I'm far away from that location unfortunately.

    - - - Updated - - -

    Okay as an update their explanation is that the assignment I signed was unclear in it's descriptor of the land involved, and in trying to get it fixed, it was mistakenly quitclaimed back to me. I'm paraphrasing as I had a go-between get this information, and it isn't clear who was trying to get it fixed and who made the mistake.

    Likely, unlikely? Implications?

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