Bill of Sale document

Ownership and Title
1

Hello all,

I'm a newbie to the forum. Great information here! Question: My family has a bill of sale document retaining 50% of the mineral rights on two quarter sections of land in Bowman County, ND, signed by my deceased grandfather and deceased father as well as the deceased landowner and his deceased son. The land has since been sold to a third party who may or may not (I suspect not) have knowledge of this. I believe the current land deed has no mention regarding this either.

Is there any recourse at this point in trying to secure these mineral rights? I have communicated with an attorney regarding the same. I'm wondering if anyone has gone through similar circumstances and can offer any insight.

Thanks,


Paul

2

Assuming that the conveyance reserved 50% of the mineral rights and it has been recorded in Bowman county, you shouldn't have to take any more steps other than getting the probates from grandfather on down to show title in you.

However, ND has a dormant mineral act and if nothing has been recorded or, for example, there has been no production of oil and gas in awhile, your severed mineral interest may have lapsed due to non-use of 20 years.

3

Thanks Tim,

Yes, I understand the 20-year lapse, statement of claim, etc.

This land is but one of the tracts my family has minerals on. The deed didn’t convey the 50% mineral reservation, but I have the actual “bill of sale” outling the price, how it was to be paid in two installments and the reservation of 50% minerals. The land has since been sold to a third party by the family heirs whom likely had no idea my grandfather reserved 50% of the minerals. I am going to contact the county registrar to see what the current deed says about minerals. What I’ve researched; The Duhig Doctrine has some information regarding prior reservation on land subequently sold with another reservation and how that affects the land seller’s actual percentage, etc.

I was curious if anyone has experienced similar circumstances and what the end result was. I am hopeful for a good outcome, but I suspect otherwise.

4

You should contact a ND atty. However, if I understand the facts and a third party purchased the property and had no idea of the reservation of a mineral interest, because it isn't shown in the county recorder's office, then the third party would be a bona fide purchaser and would not be subject to the undisclosed mineral reservation.

5

Thanks again Tim,

Yes, that is what I kind of figured. I have communicated with the son of the seller of the land as well. I wonder if he verified/certified the signatures on the document that I have if that would be actionable in claiming minerals?

I have an attorney in ND looking things over. I'm not holding my breath. Perhaps someone on the site has first hand experience in this situation?

BTW, I like your avitar!

Paul