Replies to This Discussion

Permalink Reply by TCB DS3 on July 18, 2008 at 5:52

A landman told me that if you kept the mineral rights
when you sold land they would automatically revert
back to the landowner in ten years if you did not keep
production going during sometime during that ten years.
I do not know if that is actually a fact. Most states have their civil code on line where you could read the actual law on mineral rights. TCB

Permalink Reply by DESOTO EXCIT on July 18, 2008 at 6:16

I heard that too!

Permalink Reply by Foxiecajun on July 18, 2008 at 6:56

1. Under Louisiana law, ownership of minerals on real property cannot be held as an estate separate from the land, but the right to enter the land and extract minerals can be held separately in the form of a mineral servitude. Frost-Johnson Lumber Co. v. Salling's Heirs, 91 So. 207, 243-245 (La. 1920); La. Rev. Stat. Ann. § 31:21 (West 2000). Under Louisiana law, rights of servitude ordinarily prescribe (i.e., revert to the landowner) if not used for a period of ten years. Frost-Johnson Lumber, 91 So. at 243-245; La. Rev. Stat. Ann § 31:27 (West 2000).

this is from a Supreme court case http://www.usdoj.gov/osg/briefs/2002/0responses/2001-1799.resp.html

Permalink Reply by DESOTO EXCIT on July 18, 2008 at 7:58

I understand the 10 yr- no production--but i am unclear about the
mandatory paperwork to retain producing minerals prior to
1975-- is it like now- that in order to keep you have to retain your
minerals in your paperwork--or prior to 1975 if you did not mention
minerals in your paperwork then if you sold, you still kept your mineral
ownership---is that the way it was? i was told that at one time in the 70's
you kept unless you put "in" the paperwork that you retained, unlike now
if you don't- you lose them (i hope this question makes sense!)

Permalink Reply by TCB DS3 on July 18, 2008 at 19:53

There is exact wording that you have your attorney put in the deed just after the legal description of the land that you are keeping 100% or whatever percentage you want of the mineral rights. If you want a sample of such wording I can give you what we used once. TCB

Permalink Reply by DESOTO EXCIT on July 19, 2008 at 5:37

thank you for that info- i would appreciate an example- and good luck to you!

Permalink Reply by TCB DS3 on July 21, 2008 at 5:40

Here is the wording added after the legal description on the deed "Excepting and reserving unto the vendor herein one-half of my one-half mineral interest in and to the above four the purpose of developing oil or gas."

Of course, an attorney would write what you wanted in your case i.e. 100% interest vs one-half as in the wording above. TCB

Permalink Reply by DESOTO EXCIT on July 21, 2008 at 11:05

I would appreciate a sample of such wording-and thanks tcb--