Replies to This Discussion

Permalink Reply by Aubrey C. Sanders, Jr. on February 17, 2012 at 6:39

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Good question. Personally I prefer to have undivided mineral interest in the whole tract. One can control ones interest as they see fit. And others can do the same. You are not bound by anything they do. I suppose there must be some motive. I have been faced with same situation and always opt for undivided interest. But, I am just a geologist, so I look forward to one of our land persons take on this. Maybe it will help others.

 

 

 

 

• ▶ Reply

Permalink Reply by Aubrey C. Sanders, Jr. on February 17, 2012 at 7:10

Suppose there is a non-unitized well on the land and you divide mineral interests. Would one person who is fortunate enough to get the parcel with well on it get the gold mine while the others get the SHAFT?

• ▶ Reply

Permalink Reply by Doctor Joe on February 17, 2012 at 7:18

There are no wells at this time.  

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on February 17, 2012 at 7:00

First, what state?  Mineral laws differ.  Second, it sounds from your cursory description that the minerals are undivided interests.  For example is you own one-tenth of 100 acres of minerals, you own 10 net mineral acres.  In LA. you have the right to basically do as you wish on your own with your mineral interest.

• ▶ Reply

Permalink Reply by Doctor Joe on February 17, 2012 at 7:19

The state is Louisiana and you are correct that the minerals are undivided interests.

• ▶ Reply

Permalink Reply by Skip Peel - Mineral Consultant on February 17, 2012 at 7:25

Depending on the size of the mineral interest there is likely no advantage "to force a division of mineral rights".

• ▶ Reply

Permalink Reply by Mark on February 17, 2012 at 7:35

To answer your question of 'what would it take'.  It would take the mineral owners agreeing to such a division in writing.

• ▶ Reply

Permalink Reply by Doctor Joe on February 17, 2012 at 7:39

Does it take all the mineral owners or just the holders of a majority of the interest in the mineral rights?

• ▶ Reply

Permalink Reply by Mark on February 17, 2012 at 7:55

If you are wanting to divide the minerals so that all the minerals under a given surface parcel are owned by that same surface owner, then it would take all the undivided mineral owners under that given parcel, regardless of how much they invidually own, to agree. 

 

A mineral owner(s) can buy, sell, trade their undivided or divided minerals, or any portion thereof, to whomever for whatever regardless of how much they own.

• ▶ Reply

Permalink Reply by Henry on February 17, 2012 at 13:20

If you are trying to legally force a division of mineral rights, in the manner that you force the division of the surface, I think you are out of luck.  I don't think it can be done. 

• ▶ Reply