If some owners, sold their land but they said they didn't sell their mineral rights and royalties . Does the sale automatic sell their mineral rights or royalties?
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First you have to own the minerals to be able to sell them. The deed would need to contain language that would reserve the minerals from the sale to the grantor.
We own the land and the minerals and royalties, they sold some under the assumption that their minerals and royalties would still be theirs.
Mary, when land is sold there must be specific language in the deed of sale reserving all or a portion of the underlying minerals. Lacking that specific language a deed of sale transfers the mineral rights along with the surface from the seller to the buyer.
If you don't have TMS production on your land or on immediately adjacent lands you are unlikely to be able to defend a royalty projection regardless of its basis. There are other means to calculate mineral value buy none are definitive. When you have a situation like this it is often best to negotiate a sale that only conveys some part of the mineral right. For example how much an acre would the prospective buyer pay for a quarter interest? A half interest? Mineral rights are traditionally divided into eighths. So you could sell anywhere from one eighth to seven eighths. Mineral rights value is in the eye of the beholder. Anyone interested in TMS minerals at this point would have to be a real optimist. Good Luck.
Selmond, see the last to sections of by Mineral Fundamentals blog. Use this link:
http://www.gohaynesvilleshale.com/profiles/blogs/fundamentals-of-mi...
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