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Permalink Reply by Greyshades on June 13, 2008 at 18:21

The prescription of nonuse for a mineral servitude may be interrupted by any exercise of the servitude, including mineral operations that do not result in production (i.e., a dry hole). Basically, the operations "reset the clock."

This is far different from a standard form lease, which is held only by production in paying quantities. If production stops, the lessee typically has to begin operations again in 90 days or the lease dies.

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Permalink Reply by michele-C2 on June 25, 2008 at 13:35

Anyone live in Meadowcreek Subdivision off of Shirley Francis? After doing some research today at the Clerk of Court, I found that the group that originally sold the land (193 acres?) to the developer retained the mineral rights. Dont have any info as to whether or not there has been any production in this area since that time. Looking for someone in this subdivision who has any info on whether or not those mineral rights have reverted to the surface owners. Anyone already signed a lease? Appreciate any info.

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Permalink Reply by Ouiser on June 25, 2008 at 15:41

We are basically wondering the same. Yes, the Louisiana law is strange at times. An attorney told us that generally without production the mineral rights will expire after 10 years. If there is production the person holding the mineral rights holds it for 10 years "past" the last date of production. Our question is if the property is undivided, does that production of a couple of wells hold the mineral rights for us to all of the property or just the 40 acres surrounding the wells? (yet another La. law)

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Permalink Reply by Tina on June 26, 2008 at 3:08

You are correct. You can reserve your minerals for 10 years unless they are in production. Meaning if you sell the land and a well is drilled after you reserve the minerals you can keep the minerals until they are no longer under production. It is only for 10 years if nothing is done with the minerals in that time frame.

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Permalink Reply by Foxiecajun on June 26, 2008 at 7:24

A unit can be much larger than 40 acres surrounding the well. 640 acres for most gas well and some 1280 acres and any where in there. If they do anything on land in effort to produce it starts the 10 period over. My own mineral rights will come to me in Oct of this year if they stay off my section. Last activity was in 1981.

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Permalink Reply by SOLAOGA on June 28, 2008 at 11:38

If the mineral rights are owned by someone other than the surface owner, then there is a mineral servitude. A mineral servitude is subject to expiring if there is no use of the mineral servitude for 10 years. "Use" does not mean only production, but also drilling for oil or gas. If the land subject to the mineral servitude is unitized with other property, then operations in the unit will suffice to interrupt the 10 year period, as long as they are good faith operations conducted to the unitized zone.

Please note that the operations sufficient to hold a mineral lease are not the same as interrupting a servitude.

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Permalink Reply by michele-C2 on July 1, 2008 at 4:04

Anyone have any info on what might be going on in Greenwood? Anyone live in Meadowcreek Estates and had an offer?

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