Replies to This Discussion

Permalink Reply by Max on January 13, 2011 at 6:54

The Baron,

 

I found your blog to be very informative.  Thank you for taking the time to explain and share your knowledge with all of us.

 

I copied and pasted the following from your blog:

 

Only a owner who owns the mineral rights can create a servitude. A servitude can be created that is set to terminate at a certain time, occurrence of specific condition, or even of the condition of divesting the title. However, a usufructuary can not establish a servitude on the estate of his usufruct, even during the time of his usufruct.

 

My plans are to gift my property over time to my children and retain an usufruct until my death.  I had planned to use my estate lawyer to see to my needs, but now I feel that I should consult with a O&G attorney to be sure of how this would affect me and my estate.  Thanks, Max

• ▶ Reply

Permalink Reply by The_Baron on January 13, 2011 at 9:12

If I may suggest, placing your property into a trust or LLC could be the alternative. You could name yourself as trustee or managing partner of the LLc and retain control, while your kids could be given a %.

 

Not sure how this would effect inheiritance taxes, but deffinatly worth the look.

• ▶ Reply

Permalink Reply by Shaleeee on March 18, 2011 at 15:55

Max, The Baron's post below would probably  be the safest way to go - the way a usufruct was explained to me (right or wrong?) was that you would maintain the use of the fruit of your land, money, ect. but that fruit (Income) could also be used for liabilities, such as law suits, medical, etc., which could be positive or a negative.

• ▶ Reply

Permalink Reply by Renee Rains on March 18, 2011 at 7:26

I ask about selling royalty's.  My land is located about 2 miles north of Marthaville, La.  on highway 487.   I have 35.4 acres.  Could someone tell me what a fair price would be to sell 50% of my royalty's but not any of my mineral rights?

• ▶ Reply

Permalink Reply by smith1 on March 18, 2011 at 7:51

what description?

• ▶ Reply

Permalink Reply by Renee Rains on March 18, 2011 at 8:11

Found my papers!  T9N - R10W  Section 15 with 3/16 pay out .

• ▶ Reply

Permalink Reply by ken hatcher on March 18, 2011 at 9:19

Renee, a fair price is something they are not willing to pay.

• ▶ Reply

Permalink Reply by Spring Branch,mineral owner on March 18, 2011 at 18:55

Ask the folks north of I-20 in the Blanchard area and north of Blanchard, who sold minerals for $7,000/ac or more if they were paid a fair price,  Ken. They will probably get them back in 7 or 8 years for lack of drilling/production.   T9N-R10W is probably getting pretty edgy, and Renee might very well be wise to sell a part of her minerals there.  Have you checked the actual production numbers on wells in 12/8 and 12/9, Ken?    Ask the folks who had leases on the 12,500 acres that Encana just let lapse if they wish they had sold 1/2 of them for $thousands of dollars per acre.  You had any leases lapse, Ken, because the Operator decided the  Haynesville wasn't worth drilling for?  You had any leases in a section, Ken, that Petrohawk let lapse because there is a big fat fault running right through the middle of it?  Blanket statements are dumb IMHO and should be avoided.

• ▶ Reply

Permalink Reply by ken hatcher on March 19, 2011 at 8:19

That is what is great about this site, everybody is entitled to their own stupid opinion. 

• ▶ Reply

Permalink Reply by ken hatcher on March 19, 2011 at 11:02

Your post makes perfect sense. I do not want to get into a p_____g contest but to entertain a $1500.00 offer would indeed take some real soul searching. 

• ▶ Reply

Permalink Reply by smith1 on March 19, 2011 at 12:36

So, $1500........is that per acre? Also, where could you go to find people interested in purchasing royalties?

• ▶ Reply

Permalink Reply by ken hatcher on March 19, 2011 at 15:30

You don't, they mail to areas they wish to captalize on. That is P/A.

• ▶ Reply

• ‹ Previous
• 1
• 2
• 3
• 4
• 5
• Next ›
• Page