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Permalink Reply by Skip Peel - Mineral Consultant on December 1, 2009 at 17:57

As Louisiana mineral law does not provide for a permanent severing of the surface and mineral estates, the term "servitude" is used to describe the right to explore for and produce minerals which can be conveyed. A servitude is in effect for a ten year period (prescription) but can be extended by production or good faith operations. Mac, the preceding is my landman's definition. Please keep in mind IANAL.

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Permalink Reply by John Avatar on December 1, 2009 at 21:00

Servitude is the state parents enter upon having a child.

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Permalink Reply by Skip Peel - Mineral Consultant on December 2, 2009 at 2:52

A servitude may be conveyed for a portion of an owners mineral estate or for the whole. And a servitude may be conveyed for minerals under an existing lease. Investors who acquire mineral servitudes usually wish to do so with "executive rights". This means that if the minerals are unleased, the investor has the right to enter into a lease as lessor or any other business relationship such as a Working Interest. If the minerals are under a lease, the investor merely receives their proportional share of the royalty under the terms of the lease. However, if the minerals are not produced within the term of the lease, the owner of the servitude may negotiate a new lease for their proportional ownership interest. IANAL.

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Permalink Reply by The_Baron on December 2, 2009 at 10:32

LOL, good one Avatar!

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Permalink Reply by Inquirer on December 3, 2009 at 5:34

Servitude is the state parents enter upon having a child.
lol - So verrry true Avatar!!!

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Permalink Reply by The_Baron on December 2, 2009 at 10:33

From the Mineral Code


§21. Nature of mineral servitude

A mineral servitude is the right of enjoyment of land belonging to another for the purpose of exploring for and producing minerals and reducing them to possession and ownership.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975


By the way, a lease creates a Royalty, not a servitude

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Permalink Reply by The_Baron on December 2, 2009 at 10:35

What does the legal term "servitude" mean? What does the legal term "servitude" mean?

A mineral servitude is the right of enjoyment of land belonging to another for the purpose of exploring for and producing minerals and reducing them to possession and ownership.

Is a mineral lease "servitude?"

No a lease creates a royalty

Is a force pooling "servitude?"

NO

Thanks,

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