Mineral rights

My husband and I bought a 10 acre tract of land and after researching the minerals rights find that I am unsure if we own them. The property was originally owned by a Mr. James and he sold the property with credit deed to someone but held the mineral rights. He then reclaimed the property and it was deeded back in his name. He then hads the surface and mineral rights back in his possession. He sold the property again and did not retain the rights this time. Does he still have the rights or does he have to restate in the deed that he is holding them since the surface and minerals rights were back in his possession?

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Permalink Reply by Grice on August 18, 2008 at 17:50
From what you describe, the mineral rights were transferred during the sale of the land. However, a more thorough research would be required, in case Mr.James did not have possession of the mineral rights at the time of sale.
Permalink Reply by PerryB2 on August 18, 2008 at 17:58
He did have possession. I traced minerals back to a lease he once had paying royalties. The well has been plugged and abandoned for several years and there are no current wells. He owned this property since 1972 and purchased in a sheriff sale. I'm sure he owned the minerals just unsure of how this type scenerio works? I thought we probably had the minerals but wanted another perspective. Thanks so much for the info.

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