If mineral rights have been severed, do you need to reserve them when selling? North Dakota

Ownership and Title
1

Hi All - I have some questions about mineral rights.

My grandfather homesteaded in Dunn County near Killdeer. He was granted the land in 1920 or 1921. The government did reserve the rights to any coal. My grandfather passed in 1949 and my father inherited the land. He sold the land in 1950. The deed does not say anything about the mineral rights being sold. We quickly asked a title company and they said since the deed does not state or reserve the mineral rights, it is assumed they were sold with the land. My father was a stupid 21-year-old kid at the time.

So, my questions are: When did the North Dakota law requiring the mineral rights to be reserved take effect? Under Minnesota law, it says if the mineral rights were at any time separated from the land, in our case: the government kept the rights to the coal, it is now two separate legal entities. Does this hold true in North Dakota? Does my family have any chance of keeping these mineral rights?

Thanks.

2

You say as in your case, that’s not true as your father never reserved or severed anything and the oil & gas rights were never severed so they will always sell with the surface until such time someone does reserve them. No, you do not own any oil, gas or other minerals as they were not reserved.

3

Hi Mineral Joe,

Thanks for your reply. Not the news I wanted to hear. Not sure what else my brothers and sister can do.

4

No problem, sorry it wasn’t better news. From what you stated about the deed there is nothing anyone can do, it is just like the land, it’s sold. All you could do like anything that belongs to someone else is try to purchase them.