landowner

I own mineral interests but not surface

I have received from Chesapeake three Division Orders in the past week on tracts in DeSoto Parish, Louisiana.  These Division Orders have been pleasant surprises as I do not think that I own the surface of the tracts in play.

 

I do own the surface rights to a tract in Red River Parish and for that tract I received a lease and a bonus payment.  I do not recall any lease or bonus payments from Chesapeake on the tracts in DeSoto Parish mentioned above. 

 

Are leases awarded only to those who own the surface rights?  Am I missing something here that I should explore?

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Oil & Gas ProPermalink Reply by Ben Elmore on September 16, 2011 at 3:20
It sounds like you are confusing surface estate and mineral estate.  Only the owner of the mineral estate is entitled to lease, bonus and royalties.  A person can own both estates, but the estates can be severed and owned by different people.  The mineral estate is made up of several rights: right to lease, right to receive bonus, right to royalties, right to delay rentals, and right to develop.  Each of these rights can be owned and conveyed individually.  As to the 3 DOs you received from CHK for De Soto Parish wells, it may be you only own the right to royalties and that someone else owned the right to lease and bonus.  For the tract in Red River, sounds like you own the right to lease, bonus, royalties, develop and rentals.  To know for sure and understand what you own, you should definitely contact a lawyer or since it sound like you are already under lease, you can pay a landman to review your documents and tell you what you own.  That's a little cheaper.  A good landman will tell you to see a lawyer if necessary.

Oil & Gas ProPermalink Reply by The_Baron on September 16, 2011 at 3:23

Have you gotten a tax bill? if not you probally just own minerals

 

Its possible you have minerals that are already leased, maybe HBP by another well.  Ask CHK for some title info, they may have the  answers for you already.

Permalink Reply by Woodard on September 16, 2011 at 4:17

The Baron,

 

So if I get a property tax bill every year and pay property taxes then I should be in the game?  I was told by Chk that I only owned shallow rights and not deep rights so nothing for me.  

Permalink Reply by Aubrey C. Sanders, Jr. on September 16, 2011 at 4:58
Woodard,  Very strange that they sent you DO. Obviously they thought you own mineral rights. Did they tell you they made mistake? I think you need to get help as suggested by others above. Good Luck
Permalink Reply by Woodard on September 16, 2011 at 5:12

I do not own the surface or the deep rights just the shallow part.  We have some shallow wells on the property.  I do pay property tax every year on this.  


Oil & Gas ProPermalink Reply by The_Baron on September 16, 2011 at 5:16
No, just because you own the surface does not mean you own the minerals. mineral servitudes are not taxed in LA, on the surface owner pays property taxes (for land ownership). Read my blog post on mineral servitudes and prescription

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