I have acreage in Guernsey county that has mineral rights.  Was approached by Chesappeke only to find out that the land owners had done a procurement of mineral rights awhile back. Chesapeke said I was easy to find. Do I have any recourse? Any good attorneys that would be able to handle?

Views: 1389

Reply to This

Replies to This Discussion

Hi can you get a copy of document  so you can review it 

My wife & son attended a meeting with "Landowners Leasing Group" at Salt Fork Lodge on
Monday and were quite impressed with their resources and capabilities as they are very
centered toward the landowners interests. We are unleased at this time and are planning
on joining the group and feel it will be much better than attempting to sign as an
individual and the more individuals they have, the better negotiating position everyone
is in. They have additional meetings on Thursday in St. Clairsville and on Monday in
Woodsfield. I believe they may also try to have a meeting at the Pritchard Laughlin
Civic Center in Cambridge.  They may have resources to assist in the matter.  Good luck!

Don't know your situation but this happened to a friend's family in Harrison I believe.  One of their ancestors reserved the rights in the 50 s I think. With nothing ever  taking place on the land.  Then they got notice a year or so ago that the new  land owner was getting them back.  I guess there's a law that if nothing was done such as drilling then after twenty years it goes back to surface owner .  They tried to fight it but lost . I guess a there was a law in 1989 and in 2006 that helps the landowner to get them back.  Their attorney warned them that it's probably not worth pursuing but they did and lost.  I think it's crazy that it happens.

The only way to win is to go to court (your attorney goes) when you are served the petition for the surface owners challenging.

You must be in it from the beginning or forget it unless there are valid reasons why you weren't.

What your attorney needs to do is check all of the land around your land to see if any mineral development has occured which can then be possibly be tied to your minerals.

Usually there is a time period of 40 years for any mineral activity to have occured.

If you can at least present some doubt then you will win.

This happened in Maryland to me this year. It ended up costing $8,000.

But then, the surface owners wanted to buy the minerals so the whole thing really was a win.  It's called the Dormant Minerals Act, passed 2 years ago in Maryland.

I believe Ohio has a simular law in effect.

You need a good lawyer to do title research, looking for 'Savings events". I believe you need a savings event anytime within 1969 to 1989. Also, the surface owners needed to put an ad in the local paper saying they were trying to get the mineral rights married back to the surface. It is way more involved than this, but if you can prove 'savings events' and if the surface owners did not do due diligence to find you, you may get the mineral rights back. Hire a good lawyer and Good luck

Your right Ann in order to retain the mineral rights there would have had to be a savings event within 20 years after it was reserved and if not under the 1989 law it reverts back to surface owner if they file for it.. There's been 7 cases like this decided in Ohio this year all in favor of surface owner. Most of them was well documented on this site a while back.

RSS

© 2024   Created by Keith Mauck (Site Publisher).   Powered by

Badges  |  Report an Issue  |  Terms of Service