Replies to This Discussion

Permalink Reply by Two Dogs, Pirate on April 16, 2009 at 11:17

It depends on the granting language, I don't know when 191 was built but chances are someone owns the minerals other than the state. The ROW is wide for the most part so it was probably purchased at a late date by the state in which case minerals would have been reserved to the Vendor. You can go onto the State Land Office site and look at the original survey notes and they will denote streams that are navigatable. The Sabine River and some of its tributaries is a navigatable body of water, but only the streams themselves, not Toledo Bend Reservior.

Permalink Reply by waltcop on April 16, 2009 at 17:03

Question.....Isn't mineral servitude when you sell the surface land and retain the mineral rights? If so, how can the mineral owner still have the mineral rights that is more than ten years old on land under Toledo Bend for example. If they get to keep their minerals for ever, why can't I on the tract of land I sold 4 years ago and fully intended to retain the minerals for every. Now I learn that the minerals revert to the surface owner after 10 years. Please help me here. Thanks.

Permalink Reply by Two Dogs, Pirate on April 17, 2009 at 6:22

When land is expropriated by the State of Louisiana the landowner keeps the minerals without prescription running against them. The lands under Toledo Bend were expropriated by the Sabine River Authority, a division of the state, back in the mid 60s. The state holds minerals on lands severed from the state after 1921 without prescription running against them. If you have contiguous lands under a servitude, a producing well on any portion of the lands will hold the servitude together for as long as the well produces. When the well stops producing the ten year time clock starts to run.

Permalink Reply by Skip Peel - Mineral Consultant on April 17, 2009 at 6:25

TD. Are mineral servitudes interrupted by roads and streams?

Permalink Reply by Two Dogs, Pirate on April 17, 2009 at 16:21

Skip, I ain't no lawyer. They could be interrupted by roads and streams under certain circumstances.

Permalink Reply by Two Dogs, Pirate on April 18, 2009 at 9:29

The roadbed of the old Santa Fe track from Oakdale to Elizabeth breaks a servitude because it was bought as fee title back years ago.

Permalink Reply by waltcop on April 17, 2009 at 9:05

I know, as they say, "Ignorance of the Law will not hold up in court" but I did not know about servitude stipulation when I sold my inherited land four years ago. I did stipulate in the sale contract about retaining the mineral rights.......I thought forever, and probably would not have sold if I had known it was not forever. In fact, I refused an offer from someone to buy the same tract a month earlier because the contract did not include me retaing any mineral rights. It should be a law to inform a seller of his rights in a case like this since there is a law that allows the buyer to obtain more in the deal than they paid for without any additional negotiations. Well anyway, is there a way that I can get someone to drill a well within the next six years or a way I can "NOW" protect my minerals forever?

Permalink Reply by waltcop on April 18, 2009 at 14:38

Jim,
Am I understanding your post correctly, that I will always have the mineral rights to the property I sold four years ago and specified retaining the minerals in the sales contract, no 10 year time period to start mining my minerals or lose the rights? Please tell me that I am reading you correctly and you will have made my day.

Permalink Reply by waltcop on April 21, 2009 at 15:55

Jim,
I'm sorry if I miss led you into thinking I sold my land to Sabine River Authority (SRA). I sold it to an individual and the property is 10 miles from Toledo Bend. Does this make a differents in your reply?

Permalink Reply by Two Dogs, Pirate on April 22, 2009 at 11:06

The time clock is running against your minerals.