Replies to This Discussion

Permalink Reply by Eric Polansky on April 16, 2014 at 5:03

Oh ok , yeah basically just Gona sit back and wait like everyone else in the area .. Lisbon LA/homer . I don't want to seem like the long lost "city slicker" comin to town for paycheck , I wanna go down to fish lake Claiborne and visit family , but I will keep info in mind . Thank you Skipp

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Permalink Reply by Eric Polansky on April 17, 2014 at 1:21

Thanks Skipp.. Would I be able to find this info in county records? And where would I find the info needed? Under what and where?

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Permalink Reply by Skip Peel - Mineral Consultant on April 17, 2014 at 2:21

Yes, the Claiborne Parish Clerk of Court records would contain the conveyance documents for the property chain of title.  At least those that exist.  If the owners of the lands filed the proper documents when ownership was transferred either through a deed of sale or a probate instrument when ownership passed to heirs and there was no loss of records through fire or some other natural disaster you should be able to get copies from the parish records.

There are several levels of due diligence short of establishing the title back to the patent.  Depending on the history of drilling wells that would affect the mineral estate it may be possible to limit the title research to the last 52 years.

Permalink Reply by Max on April 17, 2014 at 2:57

Eric, the information you're seeking is recorded in the records kept at the parish courthouse.  Some of these records have been transferred to computer systems, mostly newer records less than 50 years old.  All records including the older records can be found recorded in the "Books". 

Each parish has their own system, you'll have to "learn" to use that system to find what you're looking for.  It's not that big of a deal, if you're just poking around and curious.  It is a big deal if you have to be 100% correct.  You have to know who owns the property to search the records.

Someone searching the records for mineral ownership could determine ownership by only looking at the deed recording the sale or transfer of property in question.  If your property is located in an area that has never had any producing wells, the minerals will generally be owned by the surface owner, if that owner has owned the property longer than 10 years.  Property owned less than 10 years would have to be reviewed in greater detail.  Property with producing minerals should be professional researched.

The computer systems contain information regarding all the records kept by the parish, you'll have to access the correct records that pertain to property ownership.  Most of the folks working where the records are kept will help you get started, but don't depend on them to nurse your every question.  They may have time to help you get started, but most of their time has to be spent doing their job, asking for too much help may discourage them from aiding your search. 

Permalink Reply by Janice Garrett on May 13, 2014 at 13:02

Skip, Can someone include in their will their share of mineral rights?  We have heir property in Claiborne Parish and I'm being told that a family member who recently died willed her royalties/land to several other family members. I've always been told that in Louisiana if a person died without children, their share would go back into the pot for redistribution.

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Permalink Reply by Two Dogs, Pirate on May 13, 2014 at 13:16

Need an oil & gas lawyer to answer your question but anyone can put anything into their "Will", like giving care to a cat all monies received from royalties. I am not an attorney.

Permalink Reply by Skip Peel - Mineral Consultant on May 13, 2014 at 13:36

Janice, I believe that you are thinking of heirship law applicable for someone who dies without a will, intestate is the legal term.  There is no royalty without a lease.  Property owned in fee includes the surface estate and the mineral estate which in LA is actually a right to explore and produce minerals.  The two can be severed in which case that mineral right becomes a mineral servitude subject to the LA law of ten year prescription.  I am not an attorney and I don't wish to get into any detail because to do so would be above my pay grade.  If you think the mineral right is of value, seek the opinion of an experienced O&G lawyer or firm.  

Permalink Reply by Eric Polansky on May 13, 2014 at 17:00

Hi Janice,If it is in a will then yes it's correct, we went through this when my mom passed away -she had no will and old "French Law" automatically gave it back to my uncle . He fixed and distributed the property in Claiborne legally and equally . The French did this to protect/preserve family/wealthy inheritances from outsiders etc,all this aside - sorry for your loss of a loved one.

Permalink Reply by Janice Garrett on May 13, 2014 at 17:36

Thank you, Skip, TD and Eric. My great-grandfather purchased this land 110 years ago.  When he passed, the land was divided equally between his children.  Some of his children did not have heirs so their share was redistributed amongst the surviving siblings or their heirs.  The property has had a producing well on it since 1974. My cousin who passed did not have children or siblings so I assumed her share of the property and mineral rights would be redistributed amongst the heirs and could not be included in her will and "gifted" to others. We will consult an attorney. Thanks!

Permalink Reply by Eric Polansky on May 14, 2014 at 1:05

Your welcome Janice , if you are related to pat Garett ? Then my GGG grandfather was Honest John Kimbell Pat was his predecessor and Pat Garret is buried here in Las Cruces NM .. how awesome is that ?

Permalink Reply by Janice Garrett on May 14, 2014 at 4:04

No one that notable in my family, Eric....lol

Permalink Reply by Dion Warr, CPL on May 15, 2014 at 3:32

Janice:

Forced heirship law in LA changed significantly in the 1990s - after 1994 (without contest from heirs) or 1997 (after which changes to the forced heirship law were adjudged to be constitutional) a decedent leaving a will of proper form per state law could leave their estate to virtually anyone provided that there were no forced heirs of the first degree (e.g., children) who had either not attained the age of 24 or of any age who suffered from mental defect or physical infirmity such that they could not administer their own affairs. Persons fitting such description are still considered forced heirs and are entitled to their forced share of the estate of decedent, and the disposable portion of the estate could still be left to anyone. Before that time, irrespective of the will of decedent, title and/or possession of the forced portion of a decedent's estate was vested to heirs according to forced heirship, and any portion willed to others was reduced in order to comply with the distribution prescribed by law.

As others have stated, intestate succession is still subject to the (forced) heirship laws of the state of LA. But in procedure and practice, testate successions before the 1990s bear little resemblance to those after that timeframe. IANAL.

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