landowner

Servitude Question

About 9 years ago I sold several distinct tracts of land, selling them all to the same person, on one single deed. Mineral rights were reserved. Then, 5 years ago, someone drilled a dry gas well on one of those tracts. My question is this: When the deed was executed, was a single servitude created to cover all tracts (in which case, would I still own the mineral rights to all tracts for the next 5 years), or is the servitude created on a tract-by-tract basis (in which case I would only own the rights to that single, drilled tract for the next 5 years)?? Can anyone answer? Thanks in advance.

Tags: prescription, servitude

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landownerPermalink Reply by Henry on December 30, 2009 at 3:09
I think I've just answered my question... RS 31:73 states: "A single mineral servitude may not be created on two or more noncontiguous tracts of land. "

Lazy me. I should've checked the MIneral Code first, before posting.
Permalink Reply by Buddy on December 30, 2009 at 3:11
Henry: You might want to investigate drilling a shallow well on those tracts which are about to prescribe if they are in the play.

Oil & Gas ProPermalink Reply by The_Baron on December 30, 2009 at 6:34
Henry,

first, Each is a seperate servitude if they are non contiguous.

Corners touching does not count. I would have to see the official description to be sure.

All that being said, lets call the tract drilled as tract "A". Tract A was as you stated, had a well drilled. The well was dry, but prescription was interupted on that tract. After operations were complete, prescription begins running again anew for a another 10 year period...NOT where it lefet of, but another ten year period
(unless otherwise provided for in your mineral reservation, but this is not normally the case). See my blog on prescription for more detailed info.

http://www.gohaynesvilleshale.com/profiles/blogs/prescription-and-m...
http://www.gohaynesvilleshale.com/profiles/blogs/prescription-and-m...

Oil & Gas ProPermalink Reply by The_Baron on December 30, 2009 at 6:35
§30. Date on which prescription interrupted and commenced anew

An interruption takes place on the date actual drilling or mining operations are commenced on the land burdened by the servitude or, as provided in Article 33, on a conventional or compulsory unit including all or a portion thereof. Preparations for the commencement of actual drilling or mining operations, such as geological or geophysical exploration, surveying, clearing of a site, and the hauling and erection of materials and structures necessary to conduct operations do not interrupt prescription. Prescription commences anew from the last day on which actual drilling or mining operations are conducted.

Acts 1974, No. 50, §30, eff. Jan. 1, 1975.

landownerPermalink Reply by Henry on December 30, 2009 at 9:46
Baron,
Thanks. Now, a dumber question from me.... Let's say I reserved all minerals in a sale. And after 5 years, someone drills a dry gas well. Is a new servitude for ALL minerals created (e.g., coal, gold, silver, etc) or just for gas?

Oil & Gas ProPermalink Reply by The_Baron on December 31, 2009 at 4:05
Yes harold, the effect of wells pooled with the land can be different. My blog disscusses these rules.

The language of the servitude is important, but the mineral code is the final athority:

§73. Single servitude may not exist on noncontiguous tracts

A single mineral servitude may not be created on two or more noncontiguous tracts of land.

Acts 1974, No. 50, §73, eff. Jan. 1, 1975.

landownerPermalink Reply by Mac Davis on December 30, 2009 at 12:01
I think there are considerably different rules for Oil and gas vs. coal, gold, iron ore, etc.

Something to do with it flowing vs. being dug out.

Louisiana law, fuzzy recollection.

landownerPermalink Reply by Henry on December 30, 2009 at 12:17
Mac,
Thanks. I kind of figured my question was dumb.

landownerPermalink Reply by Bobi Carr ("parker") on December 30, 2009 at 14:16
Henry,

Not a dumb question at all. It brings up interesting things to ponder.

Thanks

Oil & Gas ProPermalink Reply by The_Baron on December 31, 2009 at 4:01
From the mineral code:

§5. Ownership of solid minerals

Ownership of land includes all minerals occurring naturally in a solid state. Solid minerals are insusceptible of ownership apart from the land until reduced to possession.

Acts 1974, No. 50, §1, eff. Jan. 1, 1975.




I can say that a gas well interupts for oil and gas mineral rights.

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