Replies to This Discussion

Permalink Reply by Henry on July 31, 2011 at 14:01

Well, you tried.  Too bad that something cannot be worked out.  Once the lawyers come in, it can get expensive.

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Permalink Reply by RFKirkland on August 1, 2011 at 2:19

I want to thank everyone for giving me this invaluable information concerning this issue.  I can now talk to a lawyer to determine our best options.  I will keep you posted as to the outcome.

 

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Permalink Reply by P.G. on July 30, 2011 at 16:37

Maybe some properties aren't suitable to be divided equally....some might get the choice parcels and some may not...if each undivided interest could use the whole property, say for hunting or recreation, why would they want to settle for just a small piece?

 

How would it work if say there were a section line through the middle of the property and a good well was producing in one of the sections but not both sections? Would partitioning reward the lucky ones who got the tracks in the producing sections?

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Permalink Reply by RFKirkland on July 31, 2011 at 6:29

I have been told that if you separate the land and not the mineral rights (in your example - a good producting well) then all share the mineral rights depending on the interest one owns.  Also,  as far as I know, minerals leases are perform in a 640 acre tract more or less.

In our case, we are planning on separating the land but not the mineral rights.

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Permalink Reply by Kat Bloomfield on August 1, 2011 at 2:58

Be sure to get assistance of an informed professional in partitioning land separate from minerals.  There's some squirrelly case law out there likely derivative of three things:  (1) bad decisions; (2) loosely or poorly worded documents; and (3) the fact minerals are not owned by anyone until severed from the ground (in Louisiana).   Mineral rights, as land, may be co-owned.  And, co-owners of land may partition the land and reserve a single mineral servitude across the whole.  Just depends what y'all want.  Naturally, agreement among all the co-owners will facilitate the ultimate goal with the least amount of resistance (and costs).  However, there are judicial remedies in partition by licitation (forced sale). If I recall correctly, though, there was some squirrelly stuff in the forced sale area, particularly when it came to partitioning just the land.  It was one particular decision and I just don't recall all the details. A sharp pro would really be of assistance to y'all.

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Permalink Reply by RFKirkland on July 31, 2011 at 6:41

 Will you let me know, why we should consider a quictclaim deed?

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Permalink Reply by RFKirkland on August 1, 2011 at 2:25

Does any know a good Oil and Gas lawyer in Louisisana that they would recommend my family to discuss this issue?

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Permalink Reply by Kat Bloomfield on August 1, 2011 at 3:14

Joel Rice (318) 402-1700 or Kevin Hammond, both of Shreveport.  Both do oil and gas contracts and business deals and oil and gas litigation.  Both are sharp as tacks.  And, neither will put you off or put you on a back burner.

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Permalink Reply by P.G. on August 1, 2011 at 2:45

Partition by licitation or by private sale, Partition in kind - A co-owner of a THING owned in INDIVISION with another may demand partition of the thing. The court shall decree partition in kind when the thing is susceptible to such division, e.g., when lots are of nearly equal value. If the thing is not susceptible to partition in kind, the court will decree a partition by licitation or by private sale, and the proceeds are distributed to the co-owners.

 

 

This option may not be so good except for the Owner who can afford to out bid the others if they wanted to keep the land...

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