Replies to This Discussion

Permalink Reply by herefordsnshale on July 25, 2008 at 12:28

That's right, neither the Clerk of Court or the Tax Assesor will be any help. If it's not mentioned on your deed, look on the previous owner's deed from when he bought it, the volume and page number should be listed on your deed. Keep running them back until you find something about the minerals. That's about all you can do, short of hiring and attorney for a title opinion or contacting a landman.

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Permalink Reply by jeanne on July 25, 2008 at 13:05

Thanks for your help!

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Permalink Reply by Renee S Cd1 on July 26, 2008 at 10:07

"...neither the Clerk of Court or the Tax Assessor will be of any help." I respectfully disagree. I researched both my properties with the Assessor's help. Starting with an address and $2.00, they can give you a history of ownership, with book and page numbers. Using these books, you will find the deeds all the way back to the beginning, one of mine was back to 1928. She may not be in this parish, but any assessor should be able to help her if she's willing to do the research herself.

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Permalink Reply by OLD HILLBILLY on July 26, 2008 at 10:33

check at the Assessor office for any wells that were in your unit or drilled before you owned it 10 years , after 10 years if there is no wells producing in the unit you are in, minerals should go to the surface owner

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Permalink Reply by jeanne on July 25, 2008 at 13:03

To be honest with you I think Mineral rights came up either when I sold my previous land or when I bought the new land. That was so long ago, I cannot remember. Since moving, I have no idea where my papers are, showing where I bought the land. I would think if I sign up for any lease that the leasing company will research this before leasing? Before they would lease my land I would think they would do a title search or whatever it is called to make sure I am owner of any mineral rights, but I am not sure. Many, many years ago, I recall when I worked for the DA's office ther were always oil men in the clerk's office researching property for clean titles. Would this be something they would find, possibly in the conveyance records?

I use to work in child support, where if a mortgage record is available, a lien for any back pay is filed with the mortgage records. I would think that if a former owner owned the mineral rights to my property there would have to be some type of clause filed in my records showing that if I were to sell the land, there would be something there saying I have no right to sell the mineral rights on this property. I may be totally incorrect, but, how do people selling property know if they are able to sell the land without something being filed? Is this just another glitch in the system?

I do thank you for your reply, and if you have any of these answers, please let me know!

Thanks again!

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Permalink Reply by Bobi Carr ("parker") on July 25, 2008 at 16:37

Hi Jeanne,

My first suggestion is to look on SONRIS to see if there are any producing gas wells in your Section. If you do not know how to do this, call the Department of Conservation and they will look up this information for you.
If there are no producing wells, and there have not been any for more than 10 years and you have owned the surface for more than 10 years then you own the minerals.
If not, it gets a little more complicated.
Also, if you contact one of the gas companie's, their landman will check it for you.

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Permalink Reply by herefordsnshale on July 26, 2008 at 8:22

SONRIS is always the best first step, if the land is in production, you're out of luck, if not you may have the mineral rights. There are a lot of areas where mineral rights have not changed hands since the 1920's or 30's. Some areas of Panola County has been in production since before WWI! The surface rights have changed hands many times since then but the minerals are still HBP. I don't know what the answer is, you would think there would be a way to keep track of mineral rights but right now there just isn't a good way.

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Permalink Reply by OLD HILLBILLY on July 26, 2008 at 10:40

minerals in texas are prepetual , that is to say they have to be sold ,or they pass down to the heirs of the property . in louisiana the minerals go to the surface owner after 10 years if no wells are in production in said section or unit.

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Permalink Reply by Barry on July 26, 2008 at 14:10

What happens if you buy property with a producing well and the previous owner forgot to retain the mineral rights?

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Permalink Reply by jeanne on July 26, 2008 at 15:53

Thanks everyone. I was told that if I have owned my property more than 10 years the rights come back to me. I have owned my land for 12 years, so I think I am okay.

Thanks again!

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Permalink Reply by Bobi Carr ("parker") on July 26, 2008 at 16:22

You are not okay unless there has been no drilling or no production in your section.
Lot's of people will give you information that is well meaning but not necessarily correct.

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Permalink Reply by Bobi Carr ("parker") on July 26, 2008 at 16:24

Barry,
This is a very good point. Lots of property that is HBP was held by very minute royalties. Sometimes people have transferred property and not reserved minerals because it didn't seem worth it.

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