Half Mineral Rights Not Mine


try to make this short.signed a lease. 18 acres in bradford co. pa, 3 years ago.been offered buy outs etc.
all documents, offers etc. state 18 acres. now there is a well and i am in the unit. all acres are in the unit.
but only have rites for 9 ? called chk they said someone has half your rites.went to the court house and found
that a lady in 1953 who was 85 years old sold the land and kept half the rites.she died in 1957. how do i get
my rites back?land was sold 3 times before i bought it in 1991. there is nothing about mineral rites in any deed except 1953. thanks for any help  p.s. for people who want to know i have been offered 5000 per acre
for my rites.

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Permalink Reply by Lisa McManus on January 22, 2013 at 4:24am

Thanks, Larry!

Permalink Reply by Janice L. Hancharick on January 22, 2013 at 4:45am

What would work fairly for all concerned?

This is a learning process for all readers.

Permalink Reply by Lisa McManus on January 22, 2013 at 2:54pm

Well, my opinion on the matter isn't necessarily shared by all of my clients, but I believe that the surface owner should be able to file an action to seek the rights to the subsurface estate if it was severed and never developed. The surface owner would still be required to engage in an extensive search to find the missing OGM owner, but if the OGM owner could not be found and did not respond to service by publication, the surface owner should be permitted to obtain the rights and lease them. I think that would properly balance the rights of both the heirs of the OGM owner and the surface owner and would promote development of our natural resources.

Permalink Reply by Larry Gander on January 22, 2013 at 3:28pm

Lisa,

I still think you are among the smartest; And present very clearly.

However, my "feeling" about this issue is that this would be like

taking candy from a baby just because it wasn't looking;Or wasn't

ready to eat the candy.

Should the surface owner rights be forfeited if he didn't "develop"

[ build,plow,plant,etc. ] ?

Permalink Reply by Lisa McManus on January 23, 2013 at 2:34am

The difference is that surface owners can continue to own the property as long as they are paying the taxes on it - if they don't pay the taxes, the county sells it to someone who will, and the property continues to be utilized. With subsurface properties, taxes are not assessed. When someone owns the estate and never ensures that his/her heirs, successors or assigns know about the property, it basically falls into a black hole (becomes inalienable), and no one can do anything with it. This is not in the best interest of the public because natural resources are valuable. The owner is not benefiting from it because he is dead and his heirs don't even know it exists. A policy that would encourage the surface owner to try to find that owner in the hope that if the owner is not found, he may be able to obtain ownership, is better than letting the property lie undeveloped. Keep in mind that real efforts are required to find that missing owner.

Permalink Reply by bret rothwell on January 22, 2013 at 10:20am

See this summary of the of the PA Dormant Oil&Gas Act:

http://law.psu.edu/_file/aglaw/Dormant_Oil_and_Gas_Act_Fact_Sheet.pdf

 

It is interesting how often minerals owners assume that all of their acreage is included in a single unit allocation, without reviewing the unit plat or unit description. 

Permalink Reply by mark ayers on January 22, 2013 at 10:47am

"The trust is
to remain in force until the unknown
owner(s) have been identified, or until such
times as the trust is declared unclaimed or
abandoned property by state law."

How then would the Trust be declared unclaimed or abandoned property?

Permalink Reply by Janice L. Hancharick on January 22, 2013 at 1:42pm

Google    unclaimed property, PA 

Read through the entire piece. It has info and can send you elsewhere for more info

Permalink Reply by Lisa McManus on January 22, 2013 at 3:58pm

In Pennsylvania, if property has remained unclaimed by the owner for more  than five years after it became payable or distributable, it is presumed abandoned and unclaimed, and the holder of the property needs to turn it over to the Commonwealth. The Commonwealth tries to find the real owner by advertising it (you may have seen these ads in papers), and if the real owner is not found, then the Commonwealth gets to keep the money. In the case of DOGA trusts, the money gets sent to the state on a yearly basis after it is held in trust for five years. 

Permalink Reply by jb379 on January 23, 2013 at 5:10am

Dear absent owners,

 

Help us, help you (wink, wink).

 

Sincerely,

The Commonwealth

Permalink Reply by Lisa McManus on January 23, 2013 at 12:56pm

You bet!!! Gotta love the abandoned and unclaimed property act. So much for finders-keepers. :)

Permalink Reply by Jake on January 28, 2013 at 3:19pm

Mike, Brazos practices representation of land/mineral owners. Can likely assist. Email me directly. Staff has 180+ years land experience.
Jake
jake@bazoslandandminerals.com

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