Replies to This Discussion

Permalink Reply by Angela Smith on July 9, 2012 at 11:16pm

I believe that unless you specifically reserved the rights in your deed, they own them.  If you did reserve the rights, I don't think that they have any recourse.

Permalink Reply by Hal Whitlatch on August 17, 2012 at 4:06am

The key is have you been paying the taxes on the Mineral rights ? If not you may not own them or could lose them under the dormant minerals laws

Permalink Reply by LostInTheShuffle on August 17, 2012 at 5:01am

I don't know if all mineral owners are taxed on their holdings.  I think it depends on if the auditor's office created a separate tax ID number for the mineral tract.  

In any case, your best bet is still to file an affidavit of preservation ASAP.

Permalink Reply by 0i7okn54zwbdo on July 10, 2012 at 1:49am

Can you give more details?  

Permalink Reply by LostInTheShuffle on July 10, 2012 at 2:13am

If you actually reserved your mineral rights, you can file an affidavit of preservation, and the surface owners can't do anything about it.  You will still be the mineral owner.  If you do not file the affidavit, and it has been more than 20 years since you sold the farm, the surface owner may be able to claim the minerals.

However, if you did not reserve the minerals at the time of the sale, you have no rights.  I would advise you to first check the deed to see if you actually DID reserve the minerals, and if so, contact an attorney to file the preservation.  You should do this quickly - if 60 days passes from the time you are notified of their intent to claim the minerals, you can lose your rights.

Permalink Reply by harry frank on July 10, 2012 at 3:24pm

The mineral rights were reserved in the deed so can the new owners take them. We did not know we still owned them untill we seen the stuff in the news paper

Permalink Reply by LostInTheShuffle on July 11, 2012 at 12:34am

Yes, the new owners can take the minerals if you do not file an affidavit of preservation within (I believe) 60 days.  I would consult an attorney immediately.

Permalink Reply by 0i7okn54zwbdo on July 11, 2012 at 5:36am

Ditto.  Get an attorney yesterday!

Permalink Reply by 0i7okn54zwbdo on July 10, 2012 at 2:57am

At any point in the recent two decades have you signed a lease for the mineral rights?

Permalink Reply by LostInTheShuffle on July 10, 2012 at 3:00am

I don't think a lease constitutes a valid title transaction - in other words, it would not be enough to hold the minerals.  As far as I know (and I am not an attorney, so I could be mistaken), unless there is a deed or a preservation filed in the last 20 years, the minerals can be declared dormant.

Permalink Reply by 0i7okn54zwbdo on July 10, 2012 at 3:38am

If they reserved their mineral rights and then leased them that is considered an action and mitigates the surface owner's assertion of dormancy.  Dormant minerals by definition are unused and unacknowledged by their owner.  A lease constitutes legal activity and shows that the mineral owner is pursuing a means to monetize said minerals.  A deed is only used to transfer the minerals from one owner to another.  Any sale, lease or conveyance of those minerals make them active.  If you owned 100 acres of mineral rights and assigned to me a 1/4 interest in any future royalty from those minerals it would be an acknowledgement of ownership and would hold your rights.

Permalink Reply by LostInTheShuffle on July 10, 2012 at 3:46am

As I said, I could be mistaken, but I don't think a lease counts as a title transaction.   I have seen hundreds of bad leases, signed by people who were not actual mineral owners.  Having executed a lease does not prove anything.

• ‹ Previous
• 1
• 2
• Next ›
• Page