Replies to This Discussion

Permalink Reply by Eric Camp on July 25, 2011 at 1:36

What state are you in? If Texas and you reserved the mineral rights in the sale, then forever.

Permalink Reply by Ben Elmore on July 25, 2011 at 2:39

Agreed and I don't think Louisiana is any different.

Permalink Reply by jffree1 on July 25, 2011 at 2:44

Ten years in La. if there is no production.

Permalink Reply by Ben Elmore on July 25, 2011 at 3:29

I stand corrected.  Thanks!

Permalink Reply by Craig Wascom on July 25, 2011 at 6:08

Thanks guys! The property I was refering to is in Texas. I did not transfer mineral rights.

Permalink Reply by Eric Camp on July 25, 2011 at 6:19

Did you expressly reserve the mineral rights? Or make sure the conveyance said it was surface rights only? In Texas, generally if you don't expressly reserve the mineral rights, or make the sale of surface rights only, then the buyer gets whatever you had.

Permalink Reply by Craig Wascom on July 25, 2011 at 18:13

I did not do either but I recieved a letter from the title company stating that I did not sign over mineral rights (their mistake) and they included some paper work they wanted me to sign. I am thinking I do not want to sign them. Any thoughts?

Permalink Reply by Ben Elmore on July 26, 2011 at 2:49

Are they wanting you to sign something confirming you intended to convey your mineral rights?  Sounds to me like you need to get a correction deed done to make sure things are clear, and include an express statement that the conveyance is of surface only, plus an express reservation of the minerals in the correction deed.  You will have to get the buyers' cooperation in that, so it would need to be handled delicately, unless you do not have any concern the buyers will cooperate.  Eric may have another idea(s) for you.

Permalink Reply by Phillip Briggs on September 29, 2011 at 4:29

If the paperwork is a correction deed, whereby you meant to retain the minerals, I'd sign.  In a heartbeat.

It's amazing how many landowners 'think' they're retaining their minerals (in Texas) by not 'mentioning' them, when conveying land.  I've dealt with a lot of unhappy clients when I told them they 'gave away' their minerals with their land (for less than what the minerals alone could be leased for).

If you'd sold to me, I'd be hesitant to return the minerals.  In a lot of cases, the minerals are worth more than the land.

Good luck!

Permalink Reply by Buddy Cotten on September 29, 2011 at 8:28

If it is a mineral servitude, 10 years in Louisiana unless there is a good faith effort to establish production (drill a well, even if it is a dry hole) will interrupt prescription on minerals and the prescriptive period begins anew.

 

If it is a mineral servitude, and there is production, the production interrupts the prescriptive period until production ends.  Then the prescriptive period runs anew from the date production ends.

 

If it is a royalty only servitude, only actual production will interrupt prescription.

 

Best,

Buddy Cotten