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Permalink Reply by Jon Williamson on June 17, 2009 at 16:32

The mineral reservation would have only lasted for ten years per Louisianna law. If production had started within that ten years the reservation would remain intact for as long as the production continued. If there is no production the buyers most likely would own the entire mineral estate.

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Permalink Reply by Bobi Carr ("parker") on June 17, 2009 at 18:23

Stephen,

I have put a similar clause into the sale of property that I knew I didn't have a snowball's chance in Hawaii of ever getting because it was held by production. I put the clause in anyway just in case.

I didn't own the minerals at the time that I reserved them.

You would have to run title on the tract of land not just look at one deed.

Also a Judge doesn't examine a Deed before it is filed of record. I could file a Warranty Deed selling your house and no one at the court house would prevent me from doing so. I would have the consequences of commiting "fraud" but that's another issue entirely.

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Permalink Reply by Henry on June 18, 2009 at 3:03

I may be wrong, but I think it is just drilling, and not actual production, that can interrupt the prescription. I believe that even drilling a dry hole can get you back to a new 10-year servitude. KB, where are you????

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Permalink Reply by The_Baron on June 18, 2009 at 3:36

Thank You KB.

And to summerize, drilling interupts prescription, whether it produces or not. But it should be noted that in the case of prescription on a Royalty Deed, it does take production, or succesful well test.

Also, Parker is correct, many people reserve minerals, even when they do not own them.

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Permalink Reply by Stephen Cole on June 18, 2009 at 8:40

Thanks again for all the answers, who I was mistaken a Judge did nt sign off on this deed, however it was by the Caddo Parish Notary. This land was passed from generation to generation, which the mineral rights were always kept in the family. So if no drilling was established then even though this clause was added the mineral rights are passed after 10 years after the land was sold.

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Permalink Reply by The_Baron on June 18, 2009 at 10:07

There are many notarys in each parish, all they do its attest that the people signing the document are actuallythe people they claim to be. While notaries are usually familier with the documents, they do not certify or warrant the contents.

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Permalink Reply by BirdDawg, plain ole' idiot on June 18, 2009 at 13:16

Hire a good land man. And he will tell you if you need an attorney. Too many unknown facts here.

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Permalink Reply by Bobi Carr ("parker") on June 18, 2009 at 18:50

Stephen,

What an odd description you have added as a tag. Bull? Humm?

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