Mineral Rights or no rights?

[greasemonkeyok]

Dougw133, ask a lawyer if the seller can assign all the rights under the lease pertaining to the surface rights to you, and just keep with ever rights he wants in the royalty.

You might also ask about the seller keeping the lessor's rights under this lease, but you getting everything after the lease expires.

 

[two_bit_score]

Dougw133, ask a lawyer if the seller can assign all the rights under the lease pertaining to the surface rights to you, and just keep with ever rights he wants in the royalty.

You might also ask about the seller keeping the lessor's rights under this lease, but you getting everything after the lease expires.

The new owner will have the surface rights in the property. That is what generally is transferred when mineral rights are retained. But, your point about checking out the lease terms is valid, absolutely.

Royalty rights can be sold separate from the full mineral rights. That is, the seller accepts money now for what royalties he might receive in the future from his lease.

On the second issue, generally, if the property is sold even with the full transfer of the mineral estate the lease still stays in place unless it s also specifically transferred to the new buyer. So the seller could actually still benefit from the lease if production is commenced anytime within the term of the lease. Once production starts the lease stays in effect as long as production is profitable to the O&G company. That could be generations.

Check with a knowledgeable lawyer in your state.

 

[johnrex62]

It will vary greatly depending on state laws. When I was still holding a real estate license back in the 80's there was a lot of ruckus in Texas about the state trying to pass a law that appropriated all mineral rights to the state.

I don't understand the concept of the state legally obtaining property rights from private owners without compensation or eminent domain enforcement, but I think I had someone tell me it passed and was now law. I have never had any interest or motivation to deal with it, so have not verified the information.

Others have mentioned their states have done similar things, so it may be a moot point in the long run. Run it by a knowledgeable real estate attorney with a practice in oil/gas or mining properties.

 

[two_bit_score]

It will vary greatly depending on state laws. When I was still holding a real estate license back in the 80's there was a lot of ruckus in Texas about the state trying to pass a law that appropriated all mineral rights to the state.

I don't understand the concept of the state legally obtaining property rights from private owners without compensation or eminent domain enforcement, but I think I had someone tell me it passed and was now law. I have never had any interest or motivation to deal with it, so have not verified the information.

Others have mentioned their states have done similar things, so it may be a moot point in the long run. Run it by a knowledgeable real estate attorney with a practice in oil/gas or mining properties.

In Texas there is a difference in the way coal is treated and oil, gas and hydrocarbons are treated but I have never had any specific dealings with lignite coal rights.

All the OG&M leases I've seen specify "oil, gas and other liquid hydrocarbons" as the subject of the lease. Sulphur is usually also mentioned but not coal for some reason.

There are some good sized lignite mines in Robertson and limestone counties and also near Tatum in east Texas. So maybe some one can chip in and tell s how those work in their leases.
.

 

[forgeblast]

Land Owners and Oil and Gas Leases in Pennsylvania

 

[Ken]

Please explain "BUT he is "quieting the title" which means the title is so dated he can erase the cloud on it."

I have never heard of this. I own property without mineral rights and a very dated title. Is it possible to get the mineral rights restored?

Talltho8 There is a web site for Arkansas property ownership that has been returned to state for non taxes.
You need to have a accurate description of title and where it is recorded by court house # if possible.
There is a man named Jerry Bradshaw that I have had contact with.
jbradshaw@cosl.org
In subject line re= property (give section Township and range) and ask for information and procedures to reclaim.
I don't have the telephone # but this group is very helpful in the information and is a state run program.
When I last had contact with you had understood the minerals were sold. not returned to state for back taxes. unless some one else has filed and paid your taxes you should of been contacted by registered letter if they tried. Good luck and hope you can get returned mineral rights. worth about 6K per acre. if any activity in area. Know of oil close by.
ken

 

[tallyho8]

Ken, thanks for the info. I have contacted the COSL on this matter and am awaiting their answer. Evidently Mr Bradshaw doesn't work there anymore because his email came back and so I resent it to others there.

My father homesteaded this land in the 1930s and the government reserved the mineral rights so it probably isn't possible to get them back from the government but it won't hurt to try.