Question on mineral rights and gas lease. (Slidell, Haynesville: rental, credit)

[JulesClement]

For a mineral servitude to be maintained, a 'good faith' attempt at production must be made.

§30. Date on which prescription interrupted and commenced anew

An interruption takes place on the date actual drilling or mining operations are commenced on the land burdened by the servitude or, as provided in Article 33, on a conventional or compulsory unit including all or a portion thereof. Preparations for the commencement of actual drilling or mining operations, such as geological or geophysical exploration, surveying, clearing of a site, and the hauling and erection of materials and structures necessary to conduct operations do not interrupt prescription. Prescription commences anew from the last day on which actual drilling or mining operations are conducted.

Acts 1974, No. 50, §30, eff. Jan. 1, 1975.

A dry hole can interrupt prescription, but not operations.

JC

[Normx9]

Originally Posted by Kurt

I bought my land on Toledo Bend for recreational use and did get a pretty good deal, but the seller kept the mineral rights. Yeah, I probably should have held out for them, but I did get a codicil on the deed prohibiting any surface structures or pipe lines on the land itself.

There are two active gas wells in the area. My understanding is that as long as they are active the former owner of the land gets the leasehold and mineral rights.

But if I possess the land for 10 years any new leasehold will be negotiated with me. I understand that even if I have the land for 10 years the old leasehold is with the original owner unless production should cease and then start up again at an existing site.

Is this about right? There is lots of gas activity in north Sabine and Desoto Parish. I am just on the border of these two with my acreage extending along Toledo Bend lake.

Would appreciate any information on this. Thanks alot.

You dont own mineral rights. Period. The fact that the guy with mineral rights has an agreement which expires in ten years, is not your concern.
Sorry.

[Kurt]

You are certainly correct that I do not have mineral rights.

But the question is if it would ever be impossible to have the rights come to me. And the answer to that is "yes" by Louisiana law.

It is extremely unlikely that this would happen as there is simply too much activity in the area that would keep renewing them in favor of the present owner.

Unlike other states, in Louisiana mineral rights are not permanently vested in the holder--they can attach to the present suface owner under the right conditions. You can ask any practicing attorney in Louisiana and they will tell you as much.

[TRISHNDEE]

We purchased property in West Monroe, Louisiana with mineral rights per the prior owner who signed to that fact on Bill of Sale. Later we found out that mineral rights were sold 3 months prior to our purchase of property which means the prior owner lied. We questioned our lawyer whom became upset because he researched and found the mineral rights were not sold. It seems that the mineral rights sale was filed in the court house after we bought the property.

Someone, please tell us if this makes the land sale null and void. We paid more than the property was worth without mineral rights.

[Dudley Lott]

I bought some land in Pointe Coupee Parish 12 years ago (1999). The Seller had included in the Bill Of Sale, "SELLER reserves all mineral rights, but relinquishes the surface rights."
There was no activity at that time. Last year (2010), they performed some seismic tests. So far, still no activity.
Question: After the ten year period of no activity, do the mineral rights revert to me, or does the Seller retain them indefinitely due to the wording of the Bill Of Sale? Thanks for any info. D. Lott

[Kurt]

Hey, Dudley! I think you have a good case but you have to get a professional--a certified Landsman or an attorney to let you know for sure. It will cost you something but at least you will know. Good luck!
Kurt

[bewoop]

I am always updated with this site for [URL="http://mineralrightslouisiana.org/"]Louisiana mineral rights[/URL]

[tom70Cg]

The post giving the link the the LA web site was great. It took some time, but this link had great information. Before Drilling Begins

I have an offer coming in the mail now which is for a 4 year paid up lease at $155 per acre with 1/5 royality. Does anyone know if this sounds like a resonable offer?

Thanks,
Tomas

[daly7777]

My mother-in-law sold 16+ acres in Vermillion Parish in 2004 but retained a 50% interest in the mineral rights & provided a NO SURFACE OPERATION CLAUSE in the act of the cash sale.

She died on August 21st 2011 leaving her entire estate to her daughter (my wife).

Is there a 'transfer' proceedure required due to the inheritence of this 50% interest in the mineral rights?

Noel Daly

[whittington]

What is case if previous land owner leased/rented road right of ways and pipeline right of ways which were on a monthly lease, however, oil company agreed to pay in advance by Oil each year. When I bought when advanced payment from oil company expired.......I demanded payments be made to me if use of property was to continue......Previous owner has now filed a petition in courthouse saying payments are to be continued to him since he started them......now oil company said they will hold all payments in escrow until proper Title is determined?? What Title are they needed clarified???