Mineral Servitude Rights
I have a question concerning mineral servitude rights. My father has a small tract of land which he sold the surface rights but retained all the mineral rights. About three years ago the property was unitized and a well was placed in this unit. He never received any notification as to whether he wanted to lease, become an interest owner or sign a nonconsent form. What rights does he have to the present well or any future well? Does he have the right to lease his property deeper than what the present well was drilled approximately 7,500 feet. Property was sold in June 1998. Well was completed April of 2006 with in the ten year limit for retaining mineral interest.
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Permalink Reply by DYST_JP on
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Yes these are the facts. I believe that the land company did not do a good title opinion and leased with the present surface owner. I have yet to determine this by checking at the clerks office. This tract was mined for coal after the sale of property and all mineral rights were reserved by my father. He did recieve royality payments for the coal.
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