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Permalink Reply by The_Baron on May 16, 2011 at 3:26

You would have to reasearch back to when the railroad aquired the ROW, a RR will typically aquire full title to the ROW.. It is not unusual for a RR to own the minerals underlying the ROW. If the ROW is abandoned, you would have to look at the title.

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Permalink Reply by Marc Stepman on May 16, 2011 at 3:54

Hi Baron

 

I have one agreement that I am looking at from 1899.  It does not mention minerals at all on this.  It says surface rights only.  I guess I am going to have to do more research.  Where would one find this in the courthouse?  On the abandoned one it says right of way reverts to surface owner.  Both of these agreements were done at about the same time.  

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Permalink Reply by The_Baron on May 17, 2011 at 3:09

I would want to see the whole deed, but it sounds like from the info provided that in the first case the minerals were not transfered.

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Permalink Reply by Marc Stepman on May 17, 2011 at 4:57

It is a pretty simple document but I am going to the courthouse to get another copy of this.   The one I have was in family papers from that time period.  I thought I would get a new copy from the courthouse and keep it handy.  I don't think I can scan the copy I have.  Still in good shape but really do not want to damage it.

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Permalink Reply by HBP on May 17, 2011 at 5:31

Marc,

Baron is correct that it can take looking at the whole deed to determine if a RR acquired fee ownership or not.  Some even are titled "right of way" and are actually fee conveyances (and vice versa in some areas).  When dealing with this issue, I notice the courts in LA have reviewed factors such as:

-what was the consideration (for the time does it look like a purchase or just servitude)

-was specific measurement given to the strip (if so, lean toward fee conveyance to RR)

-who has it been assessed to and who has paid the taxes, etc...

- how have subsequent owners treated the strip in question (did the RR grant ogm leases on the strip or was it the land owner adjacent granting them).

-how was the land described in subsequent conveyances of the actual property (not the strip, the larger tract surrounding it).

 

There are some other ones that come in play depending on the language of the instrument and the facts subsequent to the conveyance but these are some good general ones to start with.  The problem is usually trying to find some of these factors (tax records from pre-depression, etc...)

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Permalink Reply by Marc Stepman on May 17, 2011 at 8:26

I can answer the tax question.  We have paid the taxes on the whole tract including the part where the RR is.  RR never paid a dime on the tax end.  I have the tax records pre depression.  The tract is assessed as one whole block to me.  The RR splits this tract.  All leases for Oil and Gas on the tract were done by my family on the whole tract.  The legal property description does not contain anything about the RR right of way.  Like less and except so may feet for a ROW.  I am going to go and do the other research to see if I can answer some of the other questions you posed.  Anything else I might need to dig up?  I deeply appreciate the Baron and HBP taking the time to answer!!!

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