Got a question about minieral rights that were sold by my mother. I know that the rights will revert back to the land owner in ten years and one day from purchase if there is no activity. My question is what constitutes "activity"? Is an application for a permit "activity" or does there have to be a well in process or production? Thanks!
Wendell, you are referring to "prescription of a mineral servitude". Andrew has a couple of excellent blogs on LA servitudes in the site archive. The short answer to your question is that prescription is interrupted by a good faith effort to produce (drill a well). If the well is productive, the prescriptive period of 10 years is suspended and begins to run again from day one on the day the well ceases to produce. If a well is drilled and it is dry and plugged then prescription begins anew from the day the well is P&A'ed.
No other activity will suspend prescription. A drill bit must hit the dirt prior to day 3651.
Link to Andrew's Servitude blog:
http://www.gohaynesvilleshale.com/profiles/blogs/what-is-a-servitude
Skip, Thanks for the info.
You're welcome, wendell.
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