Replies to This Discussion

Permalink Reply by The_Baron on March 25, 2009 at 8:12

A previous lease is not proof of title. Many leases are taken erounously, sometimes on purpose (protection leases).

• ▶ Reply

Permalink Reply by The_Baron on March 25, 2009 at 8:10

This would be treated as three seperate servitudes.

• ▶ Reply

Permalink Reply by zx_cajun_tn on March 25, 2009 at 8:16

Thank you for your response. What I have here is quite a puzzle. If the land where all in one piece it would be easier to figure out. With what the Landman gave me it is very confusing. Why did Whitney lease just 4,000 acres each time in 1944 and 1959 ? I don't know. I went through Sonris each time and found that there are ten year gaps in drilling. They would drill a dry hole, then drill another in 12 years. Sounds good too me. But the problem is that sure, there is probably another dry hole drilled somewhere else on the 15,000 acres that is not listed in the lease.

• ▶ Reply

Permalink Reply by zx_cajun_tn on March 25, 2009 at 8:22

Why didn't Whitney just lease all the land it had each time? Why did they lease for 4,000 acres of their 15,000 ? And if the leases were still good why do another lease ? See what I mean?

• ▶ Reply

Permalink Reply by Two Dogs, Pirate on March 25, 2009 at 8:37

Its not a matter of the leases being good, its the servitude, two different things.

• ▶ Reply

Permalink Reply by zx_cajun_tn on March 25, 2009 at 8:45

I've got a deed from 1940 that says that Whitney reserved mineral rights. Fine. That's the servitude. But did they lease the land? You have to have a valid lease to drill right?

The 1944 lease and the 1959 lease list the same sections - a little over 4,000 acres. My understanding is that if there is production or activity there is no need to do another lease. Right? Then they go and do another lease in 1999 that encompasses almost 8,000 acres.

• ▶ Reply

Permalink Reply by Two Dogs, Pirate on March 25, 2009 at 8:52

The well that is holding the servitude together could have been drilled in 1920.

• ▶ Reply

Permalink Reply by zx_cajun_tn on March 25, 2009 at 9:03

Thanks Dawg;

So, I see I think. Say for example Whitney owned all of Sabine Parish in 1920. They drill one well in 1920. They reserve mineral rights in all subsequent land transactions. That well in 1920 holds all of Sabine Parish in a servitude even though they've now sold all of it and who knows if or who is collecting money for Whitney Corporation. Correct ?

• ▶ Reply

Permalink Reply by Two Dogs, Pirate on March 25, 2009 at 9:10

Thats right, I told you from the get go that it would be very complicated. My son spent 6 months on the Olin servitude in Sabine Parish which is part of IP property. You also have the Long Bell servitude.

Permalink Reply by Sweet Tea on March 25, 2009 at 10:55

TD, how far back in time would you go back to check a tract to determine if there is (or rule out) a servitude issue?

• ▶ Reply

Permalink Reply by Two Dogs, Pirate on March 25, 2009 at 12:33

To rule out all problems I would run from patent forward. Any land patents coming out of the State of Louisiana after 1921, the state will own the minerals. The Long Bell servitude was created in 1931. Before I give the go ahead on paying a draft, I want the land title put back to a solid instrument before 1921. If the client is El Cheapo and doesn't want to pay to go back that far, then don't blame me if I buy a bad lease.

• ‹ Previous
• 1
• 2
• Next ›
• Page