Who gets lease bonus for private drive roads?
We live down a private drive. the description of our property does not include the drive. The parish says they do not own it, the land company says they dont own it. How would i find out about this to divide it up with the neighbors? Who gets the lease bonus and royalties? We maintain the road ourselves.
Views: 107
Replies to This Discussion
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Permalink Reply by The_Baron on -
Someone owns it.
A search through courthouse records will determine the owner.
If it is not a parish road, then someone is paying taxes on it. Do you have an HOA? maybe the HOA owns it, all this will be found in the courthouse.
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Permalink Reply by Earth Mama on
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Thanks Ill try the court house an go grom there.. We do not have a HOA per say.
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Permalink Reply by P.G. on
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It's aggravating when you do have a parish road and the parish won't maintain it...
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Permalink Reply by P.G. on
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Is there a certain number of times you need to call to get them to come out and grade a road? I have a property (no house there) in bossier parish on a parish road and have called several times telling them the road needed a grading and they never sent anyone out. When it's dry it's just rutty but I've gotten stuck when it's wet. I'd be afraid to drive a car on it either way... Guess they figure if no one lives on it, they don't have to maintain it..
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Permalink Reply by P.G. on
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They must not care about me if I don't live in their parish, huh?
Last year I took my tractor out there and worked it the best I could. I wonder though about liability.
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Permalink Reply by S.H.M. on
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This is an interesting question. Our farm is about 1 mile from HWY 169 and about 1/2 mile from a non-standard road that is maintained blacktop by Blanchard. All resisdences near the maintained road have "city" services.
We have no services. We have backed our fences off by 15 - 20 feet with the future expectation that the parish would take it over. I'd sure want that land as a lease potential since the parish obviously thinks we don't need services.
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Permalink Reply by The_Baron on
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Road right of ways will be owned by someone, the row would be either created in a plat or servitude or row agreement, the trick is to go back through the records and find the ownership.
It is possible that a row could have multiple mineral owners, imagine the following senario, the state wants to build a highway, so they go out and secure a row from in this case willining owners who sell and/or donate the land but reserve the minerals for a 50' row. now lets further assume that the owners sell their land, but reserve the minerals. the minerals under the land would prescribe after ten years, but the minerals under the land sold to the state ould not, so lets continue on and say the state needs a wider 70' row, so the new owners sell some land to the state and reserve their minerals. now you have two owners of minerals under the road....
my rambly little point here is that in order to see who owns the minerals in any tract, wiether it is a road or whatever, it is nessary to run it back through the courthouse.
the issue of who maintains it is not important. Somthing I have seen lately that to be honest I have not seen a good answe rto is what happens when yopu have a road donated to the public via subdivision plat, and say at the time it is to the parish. It seems that it is assumed that the parish would receive the minerals, and several HA parsihes are activly leasing minerals they claim to have aquired in this manner. But I am also seeing cases where these parish roads are later annexed by a municipality, and now the municipality is claiming ownership of the minerals. Just something I find interesting....
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