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Started By
Message
Mineral rights question
Posted on 8/4/08 at 7:40 pm
Posted on 8/4/08 at 7:40 pm
In the 1970's my parents bought some land in La. that has a capped gas well on it. The owner held the mineral rights after they bought it. He and his wife died in the 1990's and it is my understanding the mineral rights then went to my parents. My question is if they were to reopen the capped gas well, would the profits go to my parents or to the deceased man's family?
3
Posted on 8/4/08 at 9:23 pm to robttiger
I've got a similar issue. If the owner signed a mineral lease in the 70's your parents may not have any rights.
Please keep us posted on this.
Please keep us posted on this.
Posted on 8/4/08 at 10:42 pm to robttiger
you might want to do a deed or property title search at your parish clerk of courts. i think it's got to specifically mention minerals.
from my understanding mineral rights can only be held/reserved for 10 yrs. in La. (date of sale, or last mineral production) by the seller of the surface rights. if there is no mineral activity in that time-period, the mineral rights transfer to the buyer.
i would think your parents would be entitled to the mineral rights, since the seller of the surface rights is deceased, it's been 10 yrs., and as long as there has been no mineral activity in the interim. but, that's just a guess.
from my understanding mineral rights can only be held/reserved for 10 yrs. in La. (date of sale, or last mineral production) by the seller of the surface rights. if there is no mineral activity in that time-period, the mineral rights transfer to the buyer.
i would think your parents would be entitled to the mineral rights, since the seller of the surface rights is deceased, it's been 10 yrs., and as long as there has been no mineral activity in the interim. but, that's just a guess.
Posted on 8/5/08 at 8:57 am to Smoke Green
Pretty close Smoke Green.
The minerals rights can be held be the seller as long as they are being "developed". You only have 10 years of non-use. What that means is that if the property was deeded in 1970 with a mineral reservation and production was established then the mineral rights would stay with the seller until 10 years after that gas well is capped. So if the gas well was capped before August of 1998 then the mineral rights are your parents. If the well was capped after August of 1998 then your parents would own the minerals 10 years after the date the well was capped.
The minerals rights can be held be the seller as long as they are being "developed". You only have 10 years of non-use. What that means is that if the property was deeded in 1970 with a mineral reservation and production was established then the mineral rights would stay with the seller until 10 years after that gas well is capped. So if the gas well was capped before August of 1998 then the mineral rights are your parents. If the well was capped after August of 1998 then your parents would own the minerals 10 years after the date the well was capped.
Posted on 8/5/08 at 9:06 am to robttiger
quote:
He and his wife died in the 1990's and it is my understanding the mineral rights then went to my parents.
I didn't hit on this point. It doesn't matter if the seller dies. If the minerals were owned by them at that time then they would go to their heirs. The 10 year non-use would not start again but be taken over by the heirs.
quote:
My question is if they were to reopen the capped gas well, would the profits go to my parents or to the deceased man's family?
They question becomes when this well was capped.
Give me the section-township-range and I can tell you my opinion.
Posted on 8/5/08 at 9:42 am to DoubleDeuce
Double Deuce --
Hasn't testing of a capped well been found to be a use sufficient to interrupt the "non-use" prescriptive period?
Hasn't testing of a capped well been found to be a use sufficient to interrupt the "non-use" prescriptive period?
This post was edited on 8/5/08 at 9:43 am
Posted on 8/5/08 at 11:01 am to REalist
quote:
Hasn't testing of a capped well been found to be a use sufficient to interrupt the "non-use" prescriptive period?
The production test will start the 10 year period anew - capping the well doesn't. If during that 10 years some more work is done downhole in the well, the 10 year period may start again.
Posted on 8/5/08 at 11:09 am to blueridgeTiger
I think there is going to be a lot of litigation in the area (mineral rights) over the next few years. I expect most of these questions will be definitively answered.
Posted on 8/5/08 at 4:09 pm to blueridgeTiger
quote:
Hasn't testing of a capped well been found to be a use sufficient to interrupt the "non-use" prescriptive period?
quote:
The production test will start the 10 year period anew - capping the well doesn't. If during that 10 years some more work is done downhole in the well, the 10 year period may start again.
So, the answer is yes.
Posted on 8/6/08 at 11:16 am to blueridgeTiger
quote:Mineral Code art. 34.
The production test will start the 10 year period anew
quote:
prescription is interrupted on the date production is obtained by such testing
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