Can anyone advise on the rights of surface owners receiving mineral royalties for new wells drilled on their property? Although mineral rights were sold 100 years ago and flat rate is all that is received.
What if mineral rights exist in 1 track of several contiguous, surrounding tracts? (e.g. 35 acres of 200 acres belonging to surface owner)
PARCELS. What if the rights are designated to a single parcel? Can it be argued that the parcel should be larger? Do parcels have much weight in ascertaining the mineral rights? Is parcel size arguable? Thank you.
Can anyone advise on the rights of surface owners receiving mineral royalties for new wells drilled on their property? Although mineral rights were sold 100 years ago and a flat rate is all that is received.
The surface owner would not collect royalties unless a certain deed in the chain of title abstract gave the surface owner the right to collect a certain percentage.If a well pad is placed on the surface owner, then the surface owner would sign a location agreement along with a road use agreement and get paid for those agreements.
What if mineral rights exist in 1 track of several contiguous, surrounding tracts? (e.g. 35 acres of 200 acres belonging to surface owner)
Then a title abstract would be deed plotted and the acreage of the mineral rights would be placed as owning in these certain tracts of land, for example, TMP # 2-4-P/O34; TMP#2-4-33; TMP 2-4-P/O 32
PARCELS. What if the rights are designated to a single parcel? Can it be argued that the parcel should be larger? Do parcels have much weight in ascertaining the mineral rights? Is parcel size arguable? Thank you.
Again, Deed plotting the acreage and deed description would break up the mineral interest into the said tracts with the percentage of minerals left to the mineral owner. As I answered your second question.
I hope this helps. It’s all about the history from patent and title abstract of the tracts. You may want to contact an attorney for more information about getting a full title ran on the parcels.
Great answer…can never get a copy of the title research (I would gladly pay for it)…(I understand a data breach occurred with a lot of layoffs a few years ago)…it’s about 500 pages I believe…i’ll review my deeds again …possibly go online…but as 3rd generation, I know a little but its never enough…and I think I know the outcome of the research…seems like it can be disputed but I’d have to have a professional run the chain of title to contest…thank you for your time!
West Virginia is the hardest state to run title in. What county are you located in? A lot of counties are online. I can send you a link if you provide me your county.
