Question about Louisiana Mineral Code
§16. Basic mineral rights; status as real rights
The basic mineral rights that may be created by a landowner are the mineral servitude, the mineral royalty, and the mineral lease. This enumeration does not exclude the creation of other mineral rights by a landowner. Mineral rights are real rights and are subject either to the prescription of nonuse for ten years or to special rules of law governing the term of their existence.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
My question is.....
If a piece of land was written up ten years ago for the seller and all heirs to retain all rights for life, does this ten year prescription of nonuse still apply? I know that if you didn't mention mineral rights in the sale of trac of land that this rule applies, but would non-use constitute reason for the 10 year rule to apply if it was not only mentioned but made to seem as though they would stay in family forever.
Anyone know anything about this?
The basic mineral rights that may be created by a landowner are the mineral servitude, the mineral royalty, and the mineral lease. This enumeration does not exclude the creation of other mineral rights by a landowner. Mineral rights are real rights and are subject either to the prescription of nonuse for ten years or to special rules of law governing the term of their existence.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
My question is.....
If a piece of land was written up ten years ago for the seller and all heirs to retain all rights for life, does this ten year prescription of nonuse still apply? I know that if you didn't mention mineral rights in the sale of trac of land that this rule applies, but would non-use constitute reason for the 10 year rule to apply if it was not only mentioned but made to seem as though they would stay in family forever.
Anyone know anything about this?
Views: 75
Replies to This Discussion
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landownerPermalink Reply by P.G. on -
I don't believe a seller can retain mineral rights for more than 10 years in Louisiana if nothing is ever done with them.
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landownerPermalink Reply by Meauxmoney on -
Ok, I found it....
Louisiana Mineral Code RS 31:27 — Modes of extinction of mineral servitudes
PART 3. MODES OF EXTINCTION OF MINERAL SERVITUDES
§27. Extinction of mineral servitudes
A mineral servitude is extinguished by:
(1) prescription resulting from nonuse for ten years;
(2) confusion;
(3) renunciation of the servitude on the part of him to whom it is due, or the express remission of his right;
(4) expiration of the time for which the servitude was granted, or the happening of the dissolving condition attached to the servitude; or
(5) extinction of the right of him who established the servitude.
Acts 1974, No. 50, §1, eff. Jan. 1, 1975.
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