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Old 02-25-2011, 07:21 PM
 
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I want to buy a house and need to know if I leave the mineral rights with the previous owner is there anyway to protect myself from him coming in a cpl of years and drilling on my property?
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Old 02-25-2011, 07:24 PM
 
Location: NC, USA
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This is why people hire attorneys to help the closing go smoothly with no surprises. If you only buy the house you probably don't have mineral rights, if you buy the house and land, well....Lawyers can be a really good thing.
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Old 03-07-2011, 01:17 AM
 
Location: Louisiana
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Quote:
Originally Posted by curtfam1 View Post
I want to buy a house and need to know if I leave the mineral rights with the previous owner is there anyway to protect myself from him coming in a cpl of years and drilling on my property?
If the mineral rights were not purchased along with the remaining whole property, then the previous owner usually has the right to extract the minerals.

As for as drilling on your land, the drilling may not be set up on your land, but from somewhere else where they will eventually dig underneath the surface until the drilling reaches the minerals at the subsurface of your property ownership boundary.
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Old 03-07-2011, 05:30 AM
 
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Hi curtfam1,
You can stop him by hiring a lawyer which not only will be helpful in letting you know about the rights that you have and how to legally take action against him to stop him from drilling on your property.
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Old 03-07-2011, 08:36 AM
 
Location: Visitation between Wal-Mart & Home Depot
8,309 posts, read 38,766,834 times
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Quote:
Originally Posted by curtfam1 View Post
I want to buy a house and need to know if I leave the mineral rights with the previous owner is there anyway to protect myself from him coming in a cpl of years and drilling on my property?
How big is the property? If this is a lot in a subdivision, you have nothing to worry about and if he wants to keep the minerals then you have leverage to negotiate the purchase price down. An oil company can not simply decide to drill a well 50' from your house. They need acres for a surface location and there are laws prohibiting a wellsite too close to an occupied structure.

Minerals in Louisiana prescribe back to the surface owner after a certain amount of time (I think ten years) so unless he is able to get the minerals attributed to a unit (which would not involve drilling on your property) then the mineral rights will revert to you in the future.

If this is a larger parcel of land that has a house on it, then purchasing the land without the minerals is AT YOUR OWN RISK. You have some meager leverage if an oil company wants to drill on the land, but the mineral estate is superior to the surface estate and a well can be located on your property without your consent, roads accessing the wellsite can be built without your consent and pipelines may be laid across your land without your consent.

Consult with an oil & gas attorney familiar with your parish.
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