Replies to This Discussion

Permalink Reply by Snake Stewart on July 26, 2008 at 6:08

This basically means that your title doesn't make specific claim as to whether or not you own the rights to your minerals. You are hereby held by previous sale or royalty of being HBP.

Permalink Reply by Dena A1 on July 26, 2008 at 20:07

HI snakestewart; I know of someone that has that on their deed, and it was from when they bought their land the seller did not reserve , but the people the seller bought it from did. The seller bought this land 32 years ago from the people that reserved. I told them I do not think that they have to worry, but I do not know for sure. I would think that if there had not been any leasing in that area at all in the last known 38 years that it would have gone back to the seller before they sold it to them, being the ten year waiting peorid. It is in the A1 area that we are in. Your thoughts...... Dena

Permalink Reply by Snake Stewart on July 27, 2008 at 2:26

Good morning Dene , Hope all is going well for you and yours .One of the only catches to the ten year law is if the seller even had the rights to begin with. If , back in 1912 , the then current mineral owner donated their rights to the Fed's or State , the minerals could no longer be bought and sold. If they were sold to someone else then the ten year activity ( none production law) would kick in but the donation part to the Government seems to be a stickler to some in our area aroun the lake. I fully believe that this individual has their minerals but a good title search that would guarantee mineral ownership certainly could calm someones nerves in a time such as this. Hope this helps. Have a great day friend .

Permalink Reply by Aubrey C. Sanders, Jr. on July 27, 2008 at 7:06

In Louisiana minerals revert to current owner if there is no production or a well currently drilling on property. If land is unitized with producing unit, mineral rights are held by that. If there has been no production for a period of 10 years minerals belong to current owner.

In Arkansas mineral rights are severed from land if they have been sold or reserved by previous owner(s). Such rights can be sold by owner. There is no 10 year prescription in Arkansas. Once severed minerals are held forever by buyer unless he sells them.