Transfering deed with gas lease

[TinaElmerRh]

My husband, myself and son purchased 34 acres of land in Wyoming County, Pa. 5 years ago. In Dec of 2007, we signed a contract to lease the gas rights on the property. All 3 of us signed the lease, but only my husbands social security number was put on the lease. We have been in constant conflict for the last year with my son about the land. To make a long story short, we refinanced the mortgage on the property and transferred the deed to read just myself and my husband's name. If they happen to find gas on our property, is my son legally eligible for any of the royalties now that he does not own the property?
Thank you,
Tina

 

[dee_dub]

That's an interesting question. How was deed changed? I presume he was compensated for giving up title and no longer has any interest in any minerals on the property. But if the lease makes him one of the payees, he might be entitled to be paid under the terms of that contract. (What difference does it make if only your husband's SSN is on the contract?)

I would hazard a guess that you and your husband, who now own all interest in the minerals under the land, are ultimately entitled to any lease proceeds, but you might have to fight him for it. You should have had him relinquish his rights under the lease when he passed the title to you and your husband.