My husband inherited several mineral rights in 1999. One is in DeSoto Parish, LA. I asked my lawyer about them, as we are moving all of our minerals to a partnership, why we are not including them. He said you lose your rights if the haven’t been drilled. How long has this been the law? The family has owned them since the 1940s.
That has been the law in Louisiana practically forever, but officially since 1922. Minerals that are severed from the land must be used every 10 years or they automatically revert to the landowner If you own the land and minerals it probably wouldn't hurt to transfer the minerals to a partnership because you can always start the clock over by executing certain legal documents in your capacity as landowner. Also, virtually all of DeSoto Parish is producing from the Haynesville Shale, and as long as your minerals are producing the 10 year clock does not run against you.
Thanks Not what I wanted to hear! No idea if they have been producing, but assume they were severed.
The fact that they’re in DeSoto Parish is a good sign, there are a lot of very old mineral interest preserved by old production there.
Interesting. May have to do more research then. Thank you
I found the legal description, and it is an overriding royalty interest in and under the SE /4 SE /4 of section 7, T-11-N, R-13-w
Is anything currently happening in the state regarding new or old prospects? Any sign of a resurgence?
An Overriding royalty interest (ORRI) is a non-operating interest out of the working interest of a well. Typically an ORRI is created out of a lease and so it will terminate upon expiration of the lease out of which it was created.
The meaning of the term has changed over the years but a ORRI is a mineral right and is not necessarily part of a mineral servitude.
Are you currently receiving royalty payments?