Can Mineral Rights Transfer to Me After Owning Property

The Law Show Is A Weekly Call In Webcast And Radio Show Providing Free Legal Advice On A Variety Of Legal Issues.

Call Now:

Guest: Oh, good morning,

Brian: morning.

Guest: I have some property up north, um, about 15 acres wooded with a little cabin. And um, when we purchased that, um, we did not get the mineral rights with that. It belonged to some previous owners or something like that. And I was reading somewhere that after a certain amount of time, if they don’t try to do anything or stick, keep their claim on that, that um, somehow it could revert to us. And how do we go about doing that?

Brian: Well, um, that is true. Uh, under some circumstances. Uh, it, and I bet you didn’t know this Justin, but, uh, I used to do oil and gas law down in Kansas because my family was in oil and gas, really new surprises all the time. They know that. All right, so you bought a piece of property with your husband, you did not purchase the mineral rights and nobody’s ever done anything with them, but we don’t really know that cause it could be a part of some sort of underground pool that they are drawing, um, uh, gas or oil from. Um, but the bigger issue is, uh, whether or not they also Recei-, uh, they also reserved the surface rights. So in other words, if you had to get on somebody’s property to access your mineral rights, you may have an easement, but they may not have purchased that within that package. So you want to get to a real estate lawyer to review everything that is there. My guess is what you’re going to find is that those were reserved and now in the hands of some big gas company or some big oil company, and they’re drawing the minerals out right now as we speak, and we don’t even know it because you’re going from another piece of property under your ground. Do you understand?

Guest: Uh Huh.

Speaker 2: Okay. So they, it’s a, that’s what I’d recommend. If you want to call Justin, give them a call at the office during the regular business hours and he’ll answer more questions for you to hit. What’s going to want to take a look at some documentation first.