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Any MS land men on here? ie mineral rights
Posted on 4/20/17 at 7:52 am
Posted on 4/20/17 at 7:52 am
Trying to buy some timber company land and currently hung up on some clauses in their purchase contract. I have an attorney's office in MS looking at it now but wanted some input from anyone that might be familiar. I know that in MS whatever is specified in the mineral rights is lifetime. My gripe is the wording for ingress and egress. Seems that the seller would retain surface rights as it pertains to exploration and development of minerals specified. Any of you buy land in MS and run into a similar situation? I would hate to dump a boat load of money on land and build there only to have them come 10 years from now and disturb everything.
5
Posted on 4/20/17 at 8:01 am to bayoudude
I wouldn't. Sounds like they basically want you to handle all the risk for their investment while it matures.
Posted on 4/20/17 at 8:08 am to bayoudude
Purchased land years ago with this problem. We have no mineral rights and were told that we wouldn't have total control over surface operations/exploration if a formation under us was to be explored. That being said, we received seismic payments on the surface and also would receive compensation for any disturbance on the surface in the future.
Basically, you have to allow mineral owner access to what's theirs within reason.
Basically, you have to allow mineral owner access to what's theirs within reason.
Posted on 4/20/17 at 8:10 am to AUCE05
That's the feeling i get. The only thing the excluded was sand and gravel. The attorney wants clay to be removed as well but i want all rights of ingress and egress taken off of there. I may be willing to waive mineral rights under the land but I definitely want to be able to block any surface activity. This is Weyerhaeuser land and from what i gather they don't budge when it comes to mineral rights. Could be the reason the land is so cheap per acre.
Posted on 4/20/17 at 8:11 am to bayoudude
You'll get damages, but not royalties or control.
Also, watch out for gravel as a mineral. If you've got gravel, make them except that. Timber cos especially are always looking for new gravel pits.
ETA: Hah! Good call on the gravel exception.
Also, watch out for gravel as a mineral. If you've got gravel, make them except that. Timber cos especially are always looking for new gravel pits.
ETA: Hah! Good call on the gravel exception.
This post was edited on 4/20/17 at 8:13 am
Posted on 4/20/17 at 8:15 am to No Colors
If this were to be used solely for recreation it wouldn't be that big of a deal but i want to build a home site here in the next 5 years. Don't want to be drinking my morning coffee in the middle of the woods and have to listen to heavy machinery. With their standard contract I am not sure what the hell you actually would own 
Posted on 4/20/17 at 8:17 am to bayoudude
Weyerhaeuser is tough. Depending on the size of the tract you might get a no surface use clause in the deed. I would damn sure get all "hard" minerals though. Are you certain Weyerhaeuser owns the minerals?
This post was edited on 4/20/17 at 8:18 am
Posted on 4/20/17 at 8:18 am to bayoudude
quote:
wording for ingress and egress. Seems that the seller would retain surface rights as it pertains to exploration and development of minerals specified. Any of you buy land in MS and run into a similar situation? I would hate to dump a boat load of money on land and build there only to have them come 10 years from now and disturb everything.
They can't "disturb everything", but they can access the surface to do seismic exploration, drill a well, etc. They'll pay you for any damage, or pad site.
Posted on 4/20/17 at 8:21 am to bayoudude
Another option is to keep that in the contract if they will accept 50% less than asking price.
Posted on 4/20/17 at 8:22 am to White Bear
quote:
Are you certain Weyerhaeuser owns the minerals?
Just going off of their standard contract they sent over for acceptance before we proceed with title search, closing etc. Hell they may not for all i know at this point the previous land owner before Weyerhaeuser may own them. Any easy and cheap way to discover this before signing a contract on the land? We already agreed to a price it is in my court now to move forward. Tract is 133 acres.
Posted on 4/20/17 at 8:23 am to bayoudude
quote:
I definitely want to be able to block any surface activity.
Weyerhauser probably doesn't have those rights to grant if it's leased, HBP, or the minerals are retained by another entity which is highly likely in MS. They wouldn't do it if they did have those rights though so that's erroneous.
Posted on 4/20/17 at 8:25 am to bayoudude
quote:
Any easy and cheap way to discover this before signing a contract on the land?
Can you give me section, township and range?
Posted on 4/20/17 at 8:26 am to bayoudude
You'd probably have to run the mineral title to figure it out.
Posted on 4/20/17 at 8:30 am to Clyde Tipton
Section 11
Township 04S
Range 17W
Pearl River County
Township 04S
Range 17W
Pearl River County
Posted on 4/20/17 at 8:38 am to White Bear
quote:
You'd probably have to run the mineral title to figure it out.
It really doesn't matter, unless they just want to know who owns the minerals. Weyerhauser isn't going to alter the ingress/egress clause.
He can search his location and tell him quickly if there is a producing unit that includes the property, or if any activity is around him.
MS O&G online reporting
Click "well data", then under it click "well information report", then in the search part enter your location data.
You can dig deep into scanned documents to see plats, etc.
Posted on 4/20/17 at 8:45 am to bayoudude
quote:
i want all rights of ingress and egress taken off of there
Not happening unless you buy the minerals.
quote:
I may be willing to waive mineral rights under the land
You are confused here, you are not "waiving" anything, you will not own them and have nothing to wave.
quote:
I definitely want to be able to block any surface activity.
Not happening unless you purchase mineral rights
Honestly if your attorney has not explained this to you then he is grossly negligent and you need to find a new one.
Posted on 4/20/17 at 8:48 am to bayoudude
quote:
23109000150000
DH
PA
MRS TRINITY WILLIAMS 1
1
CENTRAL OIL CO. ET AL
Wildcat
PEARL RIVER
11
4
S
17
W
Dry hole, plugged and abandoned in your section.
What it tells me though is that the mineral estate has already taken a different path title wise from the surface. The company selling you the surface can't/won't grant rights to no surface use.
Posted on 4/20/17 at 8:53 am to bayoudude
They will pay to repair the land "back to what it was", but Mississippi is going to force you to provide whatever access they need within reason.
you will not get any royalties, but they will often ask if you want to "buy in shares" of their exploration. They often have to raise money for each exploration and you should get a first shot at whatever percent you want to buy in for. I know some people that have made money on this deal but most do not. Typically the "buy in" cost is the same as what they deem is the monetary value to repair the land.
you will not get any royalties, but they will often ask if you want to "buy in shares" of their exploration. They often have to raise money for each exploration and you should get a first shot at whatever percent you want to buy in for. I know some people that have made money on this deal but most do not. Typically the "buy in" cost is the same as what they deem is the monetary value to repair the land.
Posted on 4/20/17 at 9:01 am to Clyde Tipton
Thanks Clyde. Gotta love the OB. I was told that in MS there is a limit to one well per section so any new activity i would think would take place at that old well site.
Posted on 4/20/17 at 9:05 am to bayoudude
quote:
I was told that in MS there is a limit to one well per section so any new activity i would think would take place at that old well site.
I've never heard that.
But don't forget about exploration surveys, pipelines, access roads, etc. that may also have to cross your property.
ETA: That well was drilled by Cheveron in 1957. My gut feeling is you'll be at peace there unless some new O&G play pops up in your immediate area.
This post was edited on 4/20/17 at 9:07 am
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