Replies to This Discussion

Permalink Reply by Snake Stewart on June 13, 2008 at 14:40

If you are getting offers that is pretty much an indicator that you are the mineral owner.You wouldn't hurt your situation at all to research your own info to know for sure.In Louisiana,even if you didn't receive rights at time of purchase,after 10 years of non production you would aquire minerals outright.If there is production in your section and you haven't received royalties in the past then you may not be mineral owner.Check your deed on file at parish courthouse where property is located.You will have to squeeze by many landmen and their associates but it can be done.

• ▶ Reply

Permalink Reply by Johnson on June 13, 2008 at 14:43

I bought my property about four years ago, so the 10 year deal wouldn't come into play for me.

Thanks for the info.

• ▶ Reply

Permalink Reply by Korie B2 on June 13, 2008 at 22:14

My deed says "all rights and actions" Does not specify as owning or not owning mineral rights. Does that mean I own the rights? Anyone know for sure?

• ▶ Reply

Permalink Reply by Snake Stewart on June 14, 2008 at 0:58

Good morning Korie .In most States, if nothing is mentioned, then the mineral rights come with surface rights.It is automatic.In Louisiana I believe it has to be stated that minerals are included as I think your deed states.But someone with more knowledge on this subject needs to help us to make sure.

• ▶ Reply

Permalink Reply by Sarah Tully on June 14, 2008 at 4:33

I have received an offer , also. After that offer, I receiced a leter from Haynsevill Shale.

• ▶ Reply

Permalink Reply by Bill on June 14, 2008 at 9:57

Just because there was no mineral reservation in the deed where you acquired the property does not mean you own the minerals. It only means your seller did not reserve them. A previous seller may have. A title search by a competent landman or attorney is required if there has been any drilling or production in the area of your land. Notice, I said "competent." It can get tricky to figure out. Louisiana is the only state that has "prescription," the ten year life of a mineral "servitude" that can be interrupted by drilling and also production.

• ▶ Reply

Permalink Reply by nicole on June 18, 2008 at 16:50

So help me put this together. We bought from our builder (4 years ago) but had no mention of retaining rights...now I know it is because the developer retained when he sold to builder. My sub has newer areas and older areas. Some folks have been there for 10+ years. Since we are Township 19 I've been told we are a little too far noth to be an area of interest at this time.

What I'm hoping for is that they will get totally consumed in these other "honey holes" and come back to look at our area again....Maybe in 5 years or so? How does that work? If there is no drilling during the 10 years, then it goes to the surface owner? What about if your section is leased and they don't drill on your land? Can someone make sense of this for me?

• ▶ Reply

Permalink Reply by Liz Cb2 on June 19, 2008 at 2:22

You don't mention how many acres you purchased so I assume it was just a small lot. Most people don't think about minerals when they're just buying lots and in most cases they're correct in not being concerned. There are unusual times we're finding ourselves in with a lot of money involved and suddenly all land is precious. You should have someone, perhaps a reputable land attorney, run the records to be sure who has the rights to the minerals so you know exactly where you stand.

When I bought my land (22 acres) I had specific language put in the deed showing that I was purchasing both surface and mineral rights. The attorney didn't want to put that in the deed and said it wasn't necessary; however, I wanted it to be very clear as to who owned the mineral rights in case there was future drilling. Boy, am I glad I did that! When buying land don't assume anything, spell it out. That way there's no confusion.

The question is not whether or not they drilled on your land once you leased it. The question is whether or not you were in a unit that was drilled and there was production. They don't have to drill directly on your land. If you are in a producing unit you will not be able to sign a new lease until production runs out. Units can take all shapes. There is a well being drilled in my section right now; however, I'm not in that unit. So if they make a well I won't receive any royalties and if I'm not in a producing unit before my lease is up I will be able to sign a new lease when this one expires. Does that help?

• ▶ Reply

Permalink Reply by Har C2 on June 20, 2008 at 16:53

In LA it is my understanding that the surface owner owns the mineral rights if no minerals, oil or gas have been removed from the property for a period of 10 plus years.

If you buy the land and the seller reserved the mineral rights and no minerals are removed for 10 years from the date of purchase the mineral rights revert to the landowner (surface owner).

If an oil/gas company has a lease on the property that is another matter.

• ▶ Reply

Permalink Reply by KC on July 18, 2008 at 11:33

Is there anyway to find out if your property has a lease on it by an oil/gas company? I am in the dark on this.

• ▶ Reply

Permalink Reply by herefordsnshale on July 19, 2008 at 6:10

Have you been on the Sonrise Lite page yet? You can enter your township, section and range and it will tell you about production in your section.

• ▶ Reply

Permalink Reply by M. Mcwilliams on July 19, 2008 at 7:00

However, notice that she asked about leases. Sonris will only show whether there is production in the section, not whether there are leases.

To find out whether there is a lease on your property, or on any property, you need to check at the parish clerk of court's office. You would check the title records in your name and the name of previous land owners. If the mineral rights have been owned by someone other than the land owners, it can be more complicated. This is the type of work that landmen do to determine who it is that they wish to buy a lease from.

• ▶ Reply

• ‹ Previous
• 1
• 2
• Next ›
• Page