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Permalink Reply by Kassi on August 24, 2008 at 16:39

Either have a complete title and mineral search done or do it yourself. Your land needs to be traced back to the first recorded transaction. I have heard of people getting stuck by activity in the 20's and rumor has it even as far back as the late 1800's (although I do not know anyone personally who has experienced that). I would say get an abstract all the way back to be safe.

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Permalink Reply by Landowner on August 24, 2008 at 16:49

Kassi, It seems that the author of this post had a title search done by a professional and now after two years, it is determined that the search was not correct. What is to say if you hire someone that you are not just throwing money away. What does it take to do the search yourself?

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Permalink Reply by kittycatmama on August 25, 2008 at 2:57

It is difficult to do a thorough search unless you are well informed about Louisiana Mineral Code. When you hire a pro, you feel secure. Right? Wrong in my parents case. In their case it was a legal pro too. Yes, these leases holding production CAN go back to late 1800s. Also remember, the pool or unit holding production DOES NOT have to be recorded with DNR. The original lease filed in your parish can form the unit for 1000s of acres, even linking acres in south part of state with acreage up here. It is really overwhelming when you think about it.

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Permalink Reply by Susie Brown on August 26, 2008 at 1:22

Kitty, a friend of mine works for an attorney firm and she asked about your case. She was told that the firm who did the mineral search is responsible for your losses if they charged for the search as that sets them up as professionals. Any firm that sells title insurance also carries an errors and omissions policy to cover mistakes. you must file a suit before the 3 yr. period is up though

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Permalink Reply by M. Mcwilliams on August 26, 2008 at 1:31

So, where does one find production information to determine whether there is sufficient production to hold the lease, if it is not recorded with Dept. of Conservation? Or, are you saying that as to any lease affecting your property, you must run production history in every other tract involved in the lease (if no pugh clause)?

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Permalink Reply by DYST_JP on August 26, 2008 at 1:39

If this is true then our state legislators need to step up an enact a law to change this. This would make it impossible for even a legal pro to determine clear title. First would have to search for active well, then go to every clerks office in the state to see if a lease had been filed pooling land that was prior to recording period of DNR. Could be virtually impossible to find clear title.

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Permalink Reply by Susie Brown on August 26, 2008 at 3:10

A lot of people who do mineral title work are in a hurry & don't take the extra time to run title back to early 1900s which is what they should be doing. Look at situation Kittycatmama's parents are in. They had a mineral search & it wasn't done right. The 10 yr. prescription is what most searchers are worried about when they should be looking for old deeds that covered a lot of land. A lot of people are going to be very disappointed to find out the land they bought with minerals doesn't have minerals after all.

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Permalink Reply by widowwoman3 on August 28, 2008 at 15:23

what if you have already received a check from the leasing company after they have done the title search and it is found later that you don't own minerals but state does?

Permalink Reply by Susie Brown on August 29, 2008 at 2:06

Widowwoman you have asked a good question. Any answers.

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