Could partition lead to losing mineral rights? - GoHaynesvilleShale.com2024-03-28T16:04:17Zhttps://gohaynesvilleshale.com/forum/topics/partition?commentId=2117179%3AComment%3A3897101&xg_source=activity&feed=yes&xn_auth=noThank you for your reply.tag:gohaynesvilleshale.com,2020-03-31:2117179:Comment:38970432020-03-31T19:51:47.313ZCindy Rhttps://gohaynesvilleshale.com/profile/CindyR
<p>Thank you for your reply.</p>
<p>Thank you for your reply.</p> Thank you for your reply. tag:gohaynesvilleshale.com,2020-03-31:2117179:Comment:38972982020-03-31T19:51:18.297ZCindy Rhttps://gohaynesvilleshale.com/profile/CindyR
<p>Thank you for your reply. </p>
<p>Thank you for your reply. </p> Cindy R:
Have to be? Depends…tag:gohaynesvilleshale.com,2020-03-31:2117179:Comment:38971092020-03-31T14:19:37.683ZDion Warr, CPLhttps://gohaynesvilleshale.com/profile/DionWarr
<p>Cindy R:</p>
<p>Have to be? Depends upon what it would take from a local planning & zoning and/or building permit process to say. As Skip alludes, the burden is upon the surface / mineral owner to seek proper spacing as the well was there first in this scenario.</p>
<p>Traditionally, shallow well leases / old leases set a minimum of 200' from any residence or occupied structure (barns, etc.). To obtain a deeper well / higher potential well pressure permit, the state requires a minimum…</p>
<p>Cindy R:</p>
<p>Have to be? Depends upon what it would take from a local planning & zoning and/or building permit process to say. As Skip alludes, the burden is upon the surface / mineral owner to seek proper spacing as the well was there first in this scenario.</p>
<p>Traditionally, shallow well leases / old leases set a minimum of 200' from any residence or occupied structure (barns, etc.). To obtain a deeper well / higher potential well pressure permit, the state requires a minimum of 500' from any such structure without the necessity to obtain waiver(s) from any affected owner(s). I would definitely recommend being at least that far away, and if available separate access to the structure (not requiring passers-by too near the pad).</p> I don't think there is a set…tag:gohaynesvilleshale.com,2020-03-31:2117179:Comment:38972702020-03-31T12:53:47.840ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
<p>I don't think there is a set back requirement for an inhabitable structure from a well pad. At least I've never heard of one. If a well pad is in existence first, I don't think an owner of a residence built later could require any sound wall or other privacy measures of the well operator. Check with your municipal or parish government.</p>
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<p>I don't think there is a set back requirement for an inhabitable structure from a well pad. At least I've never heard of one. If a well pad is in existence first, I don't think an owner of a residence built later could require any sound wall or other privacy measures of the well operator. Check with your municipal or parish government.</p>
<p></p> How far do you have to be fro…tag:gohaynesvilleshale.com,2020-03-31:2117179:Comment:38971012020-03-31T12:42:15.024ZCindy Rhttps://gohaynesvilleshale.com/profile/CindyR
<p>How far do you have to be from a well site to build a permanent residential structure?</p>
<p>How far do you have to be from a well site to build a permanent residential structure?</p> Re: "... even family partitio…tag:gohaynesvilleshale.com,2015-08-18:2117179:Comment:35298862015-08-18T22:08:07.999ZJ B Naborshttps://gohaynesvilleshale.com/profile/JBNabors
Re: "... even family partitions can get hairy..."<br />
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No kidding! Here we have 10 family members and ALREADY 3 separate attorney groups. At $250 / hour, that is 'eating' 1-2 acres per week.<br />
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( I would let the petitioners pay for the appraisals and the surveys! -- as well as their legal representation. )
Re: "... even family partitions can get hairy..."<br />
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No kidding! Here we have 10 family members and ALREADY 3 separate attorney groups. At $250 / hour, that is 'eating' 1-2 acres per week.<br />
<br />
( I would let the petitioners pay for the appraisals and the surveys! -- as well as their legal representation. ) My first suggestion would be…tag:gohaynesvilleshale.com,2015-08-17:2117179:Comment:35294612015-08-17T21:28:34.935ZJ B Naborshttps://gohaynesvilleshale.com/profile/JBNabors
My first suggestion would be for other family members to buy the surface ownership of those wishing to partition, reserving the mineral rights of the sellers. Under current Louisiana law, the mineral rights would not prescribe until 10 years after cessation of production.<br></br>
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Partitioning can be quite expensive, and will almost certainly cause some family issues. I guarantee that someone is going to be unhappy. Are the two parcels identical in regard to accessability, topography, and…
My first suggestion would be for other family members to buy the surface ownership of those wishing to partition, reserving the mineral rights of the sellers. Under current Louisiana law, the mineral rights would not prescribe until 10 years after cessation of production.<br/>
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Partitioning can be quite expensive, and will almost certainly cause some family issues. I guarantee that someone is going to be unhappy. Are the two parcels identical in regard to accessability, topography, and features such as dwellings, other buildings, timber, water, etc.?<br/>
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If the property supports buildings --houses, barns, stables-- you are likely to need an appraiser as well, before partitioning. If the two 40-acre tracts differ in any significant way, the partitioning will almost certainly require an appraiser to assess commensurate values to the differences.<br/>
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Would I be correct in presuming that the property would be divided into 7 (hopefully) equal parts, and one of those seven parts further divided into four smaller parcels?<br/>
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In order to make division, you will have to have the various "ownership" plots surveyed and staked in sny case. So start with an initial survey.<br/>
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Good luck! Once again, I recommend buying out the "partitioners". Skip, thank you for your sugg…tag:gohaynesvilleshale.com,2015-07-29:2117179:Comment:35213722015-07-29T20:33:49.974ZCindy Rhttps://gohaynesvilleshale.com/profile/CindyR
<p>Skip, thank you for your suggestion.</p>
<p>Skip, thank you for your suggestion.</p> Cindy, my suggestion would be…tag:gohaynesvilleshale.com,2015-07-29:2117179:Comment:35212492015-07-29T19:51:53.695ZSkip Peel - Mineral Consultanthttps://gohaynesvilleshale.com/profile/ilandman
<p>Cindy, my suggestion would be to review this with an O&G attorney and get an opinion. That opinion will let you know if you need to take some action or not. You will have performed your due diligence and decide accordingly what action to take, if any. An opinion alone is not an expensive proposition.</p>
<p>Cindy, my suggestion would be to review this with an O&G attorney and get an opinion. That opinion will let you know if you need to take some action or not. You will have performed your due diligence and decide accordingly what action to take, if any. An opinion alone is not an expensive proposition.</p> Skip, there are 10 people wan…tag:gohaynesvilleshale.com,2015-07-29:2117179:Comment:35210192015-07-29T17:39:08.707ZCindy Rhttps://gohaynesvilleshale.com/profile/CindyR
<p>Skip, there are 10 people wanting to partition 2, 40 acre tracks. 6 siblings and 4 children of a deceased sibling. The two tracks are leased to EXCO for mineral rights. 6 acres are leased to EXCO for surface rights. There is a well pad on that 6 acre track. We have producing wells on both tracts. One 40 acre track is in one unit and the other 40 acres is in another unit. We already have 3 attorneys involved. An attorney is filing a partition lawsuit for the 4 children, one sibling is…</p>
<p>Skip, there are 10 people wanting to partition 2, 40 acre tracks. 6 siblings and 4 children of a deceased sibling. The two tracks are leased to EXCO for mineral rights. 6 acres are leased to EXCO for surface rights. There is a well pad on that 6 acre track. We have producing wells on both tracts. One 40 acre track is in one unit and the other 40 acres is in another unit. We already have 3 attorneys involved. An attorney is filing a partition lawsuit for the 4 children, one sibling is filing a partition with his own attorney and 3 siblings are filing a partition with another attorney. 2 siblings are doing nothing. The 2 siblings do not want to use any of these attorneys. None of the attorneys are O&G attorneys. I am the wife of one of the siblings who does not want to use any of these attorneys. We think we need an O&G attorney. I have no idea what is going to happen. It looks like this will end up getting partitioned by the court. Would it really help at this point for the other two sibling to hire an attorney? This is getting so complicated I think someone could write a book on our family. I think we should sell the two properties, reserve the mineral rights and leave all of the attorneys out. This looks like it's going to take up a lot of time and money.</p>