My family members and I are not sure if we own mineral rights to our property in Conecuh county Alabama. After talking to a few attorneys who would research the mineral rights they all say that they would give us thier findings in the form of a letter which I am not comfortable with. Also can anyone tell me if spring water surface mineral or considered sub surface such as oil natural gas.
Dear Philip,
Could you expand on the first part of your post? How would you prefer that the lawyers communicate to you?
The second part of your question was answered really well here a few weeks ago. I gotta run, or otherwise I would find it for you.
I meant to say that the attorneys, I was refered to all said they would reserch to see if I own the mineral rights to my property and later give me their decision in the form of a letter. I would much rather hire a title company or someone outside of the county do my research I need to see documentation and recorded records / deeds that show rather or not I own mineral rights to my property.
My secound question is, is spring water considered a suface mineral like trees or like oil or natural gas which is beneath the surface.
You can take care of the first part by requiring at least a cursory title chain from the attorney showing the references (deeds) that establish your ownership of minerals or lack thereof. You can also request that he obtain copies of the deeds.
You would want to use a title company in your county to help you, or one outside of your county that has your county's records. Some title companies carry more than one county. They might have records for a two or three county area.
I need to get ready for work, but the second question was answered very well here just recently. You might look for it. Usually though, when you sign an oil & gas lease, you don't give up your water rights, but the oil company may have reasonable use for their operations. It depends how that issue is addressed in the lease.
The law may be different in Alabama. But, I thought I would send the following info I extracted, from an article written by Judon Fambrough, to let you know how it is in Texas:
The following 3 par. describe what is considered the mineral law in Texas:
The term minerals or oil, gas and other minerals does not include limestone, caliche, surface shale, building stones, sand, gravel and water regardless of whether the water is located on the surface or in the ground. These substances belong to the surface owner unless they are specifically mentioned in the reservation or grant.
The term minerals or oil, gas and other minerals includes, as a matter of law, oil, gas and uranium. The surface-destruction test still applies to uranium for conveyance occurring prior to June 8, 1983. In addition, minerals include sulphur and salt.
The reservation or conveyance of minerals or oil, gas and other minerals does not include limestone, caliche, surface shale, building stones, sand, gravel and water. Likewise, the term or terms does not include coal, lignite and iron ore that lie on or within 200 feet of the surface if production will destroy or deplete the surface.
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A mineral lessee, in Texas, can be found to be negligent for
- polluting fresh water with salt water,
- for causing subsidence by the negligent or excessive withdrawal of groundwater, and
- for draining underground aquifers that may serve as the sole source of the surface owner’s domestic and agricultural water supply.
But, in Texas, to use any water, either fresh or saline, found above or below the surface for use in drilling and waterflood operations, and To inject salt water in nonproductive wells located on the leased premises can constitute "reasonable" use.
As I see it, there are liability issues anyway you want to look at it.
Good luck with finding a well-informed attorney for Alabama law.
Pat