How are mineral rights filed/claimed?
We had already leased our land (that we knew about) last year right before our mother died. While cleaning out her files we found a second piece of shale land passed down from her father, but it is mineral rights only. How do we find out if this is still good? Do we automatically inherit the mineral rights since her will states that all her possessions and land go to us? I'm not living in LA right now and can't really afford to drive down for a week, so if anyone knows or knows what government office I'd need to file this in I'd really appreciate the advice. Thanks!
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Replies to This Discussion
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Permalink Reply by The_Baron on -
In LA you would inheirit the mineral estate as described in her will.
The question is, when did she aquire the mineral rights? In La there is a 10 year prescription after non-use on minerals. Therefore if she aquired the mineral rights more than 10 years ago, and no drilling has taken place (production is not needed, just a good faith attempt to find oil or gas) then the minerals would prescribe back to the surface owner.
You need to find the date she aquired the minerals, and find out if the servitude was drilled.
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