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Started By
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can you buy and build on land that currently has the mineral rights leased?
Posted on 9/18/18 at 11:40 am
Posted on 9/18/18 at 11:40 am
we just signed a purchase agreement on a small rural tract piece of property, and found out after the fact the the land (pre devision) has the mineral rights leased
for 2 more years. does anyone here know if you can still buy and build on property thats currently under lease?
for 2 more years. does anyone here know if you can still buy and build on property thats currently under lease?
5
Posted on 9/18/18 at 11:48 am to gsvar2004
i don't see why not. there may be servitude issues you need to consider, though. your lawyer should handle all if this in his title research.
Posted on 9/18/18 at 12:39 pm to Coon
Nailed it
Posted on 9/18/18 at 1:04 pm to gsvar2004
(no message)
This post was edited on 8/8/20 at 9:38 am
Posted on 9/18/18 at 1:29 pm to TexasTiger39
Interestingly one closing place says yes there could be a problem and another says no no problem. Idk
Posted on 9/18/18 at 2:26 pm to gsvar2004
different states have different laws.
Is it Louisiana?
Is it Louisiana?
Posted on 9/18/18 at 3:42 pm to cajunandy
yeah livingston parish
Posted on 9/18/18 at 3:51 pm to gsvar2004
were the mineral rights reserved by the seller? if yes then for how long?
here are some answers to some common questions
Mineral Rights in LA
here are some answers to some common questions
Mineral Rights in LA
Posted on 9/18/18 at 4:40 pm to cajunandy
Yes
Doesn’t specify
Doesn’t specify
Posted on 9/18/18 at 4:45 pm to gsvar2004
Review B3 and B4 of the link I provided.
Posted on 9/18/18 at 6:34 pm to gsvar2004
The "2 more years" can get extended by production of minerals from the land or the unit it is in. Some leases keep going for decades.
Some leases prohibit the leaseholder from conducting surface operations (such as building a wellsite) on tracts that are more residential. Or they may prohibit operations withing a certain distance from an inhabited dwelling. Check the lease for those sorts of provisions.
You may be able to build wherever you want, but you could wake up one day with a drilling rig in your back yard or a road going through your garden.
Some leases prohibit the leaseholder from conducting surface operations (such as building a wellsite) on tracts that are more residential. Or they may prohibit operations withing a certain distance from an inhabited dwelling. Check the lease for those sorts of provisions.
You may be able to build wherever you want, but you could wake up one day with a drilling rig in your back yard or a road going through your garden.
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