Finding Mineral Rights?

ROSEMAMA · #1 01/17/08, 12:23 PM

DH inherited land from the passing of his father last year. He had told us at one time that he owned the mineral rights to it and the probate lawyer agreed that it is still with the deed.
We went to the county courthouse to find out when the rights are up (in IL it is every 100yrs to the best of my knowledge), but they tell us they don't have those records. If they don't have them, does anyone have any idea who might? Do I need to go higher than the Co. Clerk?

The reason that we're getting a little nervous is that a week ago, one of the local drillers sunk a pulling unit on a neighbor's land, not even a mil. away.
I'd hate to have rights snatched up, just 'cause we didn't know when they came due. Lot's of folks in So.IL lost theirs back in the 30's & 40's 'cause they didn't realize the oil cos. could buy out from under them.

Wolf mom · #2 01/17/08, 12:49 PM

It should be written in the recorded deed. Go back to the recorders office & obtain a copy of the deed. As the owner, you should have a copy for your records anyway.
Either that, or have the atty. back up his statement with paperwork.

fordy · #3 01/17/08, 12:50 PM

Quote:

Originally Posted by ROSEMAMA

DH inherited land from the passing of his father last year. He had told us at one time that he owned the mineral rights to it and the probate lawyer agreed that it is still with the deed.
We went to the county courthouse to find out when the rights are up (in IL it is every 100yrs to the best of my knowledge), but they tell us they don't have those records. If they don't have them, does anyone have any idea who might? Do I need to go higher than the Co. Clerk?

The reason that we're getting a little nervous is that a week ago, one of the local drillers sunk a pulling unit on a neighbor's land, not even a mil. away.
I'd hate to have rights snatched up, just 'cause we didn't know when they came due. Lot's of folks in So.IL lost theirs back in the 30's & 40's 'cause they didn't realize the oil cos. could buy out from under them.

..............You'll have to do a title search by visiting an abstract office , or the court house and obtaining copies of the recorded deeds for each change of ownership of your property . OR , you could hire an "abstracter" too search the records for you . In texas , when you sell the surface you MUST state on the contract for sale that "the owner retains ALL minerals " to the land they are selling......otherwise , the ownership of any minerals will transfer too the next owner , AUTOmatically . , fordy

Windy in Kansas · #4 01/17/08, 03:10 PM

IF this is still in affect it reads like the mineral interest would still be yours if it has never been conveyed to others. Specifically sections 6, 7, perhaps others.
http://www.ilga.gov/legislation/ilcs...Act+of+1874%2E

Sorry for the long url.

Michael W. Smith · #5 01/17/08, 04:05 PM

Go to the courthouse and look up the deed records. As property passes from one person to another, it is all recorded and filed. If your deed from your father-in-law doesn't mention anything about the mineral rights, than most chances are you still own them.

You can go back from previous owner to previous owner to see if anything is mentioned about the mineral rights.

(When you go WAAAAAAAAAAAAY back to property transactions - early 1900's and before, the records were all hand written. Somebody had ALOT of writing to do, and their writing is absolutely beautiful!!!!)

And, if your neighbor is having his land tested for natural gas, at least here in PA, the driller can bore the hole right next to your property line and suck the gas out from underneath you in a 500' radius from the hole, and it is perfectly legal!

agmantoo · #6 01/17/08, 04:57 PM

Here in NC if the mineral rights are owned by other than the land owner, the mineral rights are taxed just as the property is taxed. I recently was given/returned the mineral rights to a property because the mineral rights owners got tired of paying the tax on the mineral rights. On the other hand, if you buy property from Weyerhauser they always retain the mineral rights. Seems that in years past Weyerhauser sold some property after clear cutting the timber and the new owner made more from the minerals than was make from the clear cut. Once this info surfaced, an edict came down from the old man himself to retain the mineral rights regardless and that has been in place since.

Spinner · #7 01/17/08, 06:05 PM

I assume that each state treats mineral rights differently. I was told that here in OK the mineral rights belong to the owner of the property UNLESS it says different on the deed.

texican · #8 01/17/08, 06:26 PM

I've never heard of mineral rights "lapsing" or losing them... who would a person lose them Too?

Otherwise, some pretty good advice already given. Some county courthouse employees are helpful, some aren't. Not really their job to do title search work. Most will start you in the right direction...

and that fancy handwritten script can be 'atrocious' when poring over each word over and over for hours at a time....

in my part of the world, the mineral rights are worth more than the land...

Carolyn · #9 01/17/08, 10:45 PM

Hmm here the mineral rights go with the property unless the previous owner opts to keep them, but that is written in the bill of sale. Around here people usually keep their mineral acres. We still have the mineral rights to my paternal grandparents land athough the land was sold. But now the Corp of Engineers has the land and they won't let the oil companies come in to drill. My mom did sell a few mineral acres of her mineral rights to oil companies, she retained 90 % of the rights. I really didn't pay much attention to how it worked when my mom was alive, because it was hers, but she passed away this fall, so now I am learning how this works ( at least around here) I do know that I will never sell my mineral acres. Carolyn

Carolyn · #10 01/17/08, 10:49 PM

i do know that oil companies have "land men" that go and research the courthouses to find out who owns land and the mineral acres. It is time consuming though. Carolyn

ROSEMAMA · #11 01/22/08, 08:14 AM

Quote:

I've never heard of mineral rights "lapsing" or losing them... who would a person lose them Too?

That's what I was originally getting at. I wasn't able to find anything for sure. I just remember when I was a kid, my grandparents talking about mineral rights lasting 100 years, then if someone was diligent they could come in and buy them without the landowner even knowing. During the oil boom, the oil companies were buying up rights around here like crazy, and most of the time the land owners didn't know theirs were gone until it was too late. (Of course, many folks in So.IL didn't own their minerals, anyway, because most of that part of the state is coal mined.)

Now, I'm sure it's possible the law has changed since then, but who knows? I mean really, I'd trust an oil company about as far as I'd trust the mob! (Well, maybe I'd trust the mob more

).

Quote:

Go to the courthouse and look up the deed records. As property passes from one person to another, it is all recorded and filed. If your deed from your father-in-law doesn't mention anything about the mineral rights, than most chances are you still own them.

We did, but I think the reason the clerk said they didn't have them is because they were just too lazy to look. (Remind me where her salary comes from...).

texican · #12 01/22/08, 11:10 AM

Here's something to chew on...

If your mineral rights have been sold, you never ever get them back.

If your mineral rights are leased, you still own them, and will be payed royalties, if the minerals are actually produced. In Texas, minerals are leased for a certain amount of time, and the mineral producer (sp?)has x amount of time to produce the minerals (usually 3 years). If the minerals aren't produced, they have to pay a certain fee (usually the same amount of the original lease, on a per year basis)each year, or a period of years, or the minerals lease is invalid, and all rights return to the owner. And then they're up for grabs again, to be leased again.

I've leased some minerals nearby, in a played out zone (4 dead wells)... the annual leasing fees are actually more than the production royalties were on the former wells... so I'm a happy camper... if someone will lease barren formations for good money, it's good for both parties...

Gercarson · #13 01/22/08, 11:42 AM

In Illinois - if the mineral rights to a piece of property have ever been sold, the only way to get them back is to buy the rights yourself. There was a time when mineral rights ownership lapsed every 20 years and if they were not "exercised" would revert back to the land (current owner). That was ruled "unconstitutional" several years ago and if a company or person buys the mineral rights - they own them until they are sold - they can pass from owner to owner like property rights. Mineral rights information should always be on any deed like any easements.

ROSEMAMA · #14 01/22/08, 12:32 PM

Thanks everyone for your help, especially Gercarson. I knew somebody had to know the specifics of this. I was guilty of "a little info. being dangerous" syndrome, I guess.

Yes, the mineral rights are still with the surface rights owner-US. Now I know I don't have to worry if the rights "will expire" any time soon.

Texican, sounds like you're doing pretty well and know what you're doing. I'm not in the slightest bit knowledgable about property rights.

We just want to make sure we don't have to worry about folks' nosin' around disturbing our peace and private and not having a say about it. That's one of the reasons we don't have any of our land in any kind of "program"; trees, wetlands, etc.
RM