Replies to This Discussion

Permalink Reply by Two Dogs, Pirate on November 15, 2010 at 15:23

Thanks Baron. Maybe some will understand that a time line for mineral prescription could be stated in the deed as long as it doesn't run afoul of LA law.

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Permalink Reply by Robert Duke on November 13, 2010 at 14:51

Hi Two Dogs,
Yes, this has been an interesting, if somewhat protracted (my fault) discussion, to see how convoluted things can get from different perspectives, how we can kind of misunderstand each other. If a lawyer gave away your rights in a land sale in the HS, that is a potentially serious case of a lawyer not protecting your interests; not necessarily so where there is likely less at stake. I came into this whole discussion because it looked to me like folks were saying things counter to statute (and very much not in my interest, as someone who has a HS mineral interest but has sold the land); what it really all hinged on was whether or not the rights had been given away in the deed by a 10 year specification of limitation, whether intentional, or a case of an attorney not fully understanding mineral law. I think you (Two Dogs), being a landman, are very focused on all the intentional, unintentional, and screwball things that can crop up in a deed that affect your business. As a mineral owner, I am mostly interested that my case was handled correctly :-) I actually think it is very helpful for GHS members to know who they are talking to, in the sense that if we understand each other's interests, then we are more likely to correctly guess about the perspective of statements. I would advocate for more folks divulging their perspective :-)

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Permalink Reply by Two Dogs, Pirate on November 13, 2010 at 15:11

Robert, I worked buying leases in the Haynesville Shale for a little over a year and am now back to wildcatting, can't say that I miss the Haynesville. Hope that your interest pans out as some of the best areas of the shale. I wasn't trying to confront you in this discussion and I knew exactly where you were coming from, I only was stating that from my point of view, that the deed rules as long as it is not contrary to Louisiana law.

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Permalink Reply by Linda Whatley on November 13, 2010 at 18:01

Robert, I'm just a mineral owner, and as someone on GHS put it, thick as two planks about this stuff - but I have learned a lot by my own experience in leasing, as well as listening to folks like Two Dogs.

I sure hope things work out to your advantage.

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Permalink Reply by Mac Davis on November 14, 2010 at 14:19

Sounds like if someone were buying property, and the owner was not willing to sell mineral rights, the seller might be able to sneak in a "reserved for 10 years" clause on an unwary seller in the sales contract.

Something for sellers to watch out for.

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Permalink Reply by Linda Whatley on November 15, 2010 at 19:58

All the more reason to read before you sign!!!!!!

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