Royalties put in escrow because of lawsuit contesting mineral rights.

Neighbor got a letter saying that Anadarko will be putting their royalties in escrow due to a lawsuit from the Proctor Heirs estate. The Proctor family bought large chunks of land in the 1800 for lumbering and let it go to sheriff sale after it was lumbered off.  The heirs are now saying that the sheriff sales did not include the mineral rights and want the royalties.  I'm in the same unit as neighbor, but didn't get a letter.  Anyone else hear anything about this issue? 

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0ym9x5ag7ury2Permalink Reply by 0ym9x5ag7ury2 on March 14, 2016 at 10:50am

There's a whole lot of back taxes owed then.

I'm sure the courts will rule in favor of those who have been paying the taxes.

Also the Proctors would have to show the deed where they severed the minerals. I bet that didn't happen.

Permalink Reply by Ron Griz on March 14, 2016 at 11:58am

They claim that only the land is taxed, not the mineral rights..

Permalink Reply by BIG on March 15, 2016 at 3:57am

Only the land would have been taxed.

They have brought this up because of the Dormant Mineral Act that is being reviewed by the Ohio Supreme court.  They could have a claim depending on which version of the DMA that has to be followed. 

Most of the time a Sheriff's Deeds include the land and minerals unless it was stated in the Sheriff's deed it was just the land or if there was a prior deed that split the minerals off from the land.

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