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These can range from a couple of years to more than 10 years. However, there can be many other variables from one lease to another and from one region to another that are buried in the fine print. You certainly can't assume upfront that you will regain your mineral rights.
Get your deed. To check if you own mineral rights, then you should start by getting a copy of your deed. If you do not already have a copy, then go to the county Recorder's office and get a copy. Look to see if you were conveyed fee simple title to the property.
It can be very difficult and time-consuming to determine ownership of mineral rights through a public records search. It requires finding all the times mineral rights changed hands. These are different from mineral deeds. It means you have the right to receive royalty payments if minerals are actually produced.
Common ways to research mineral rights include: Reviewing County Records and Tax Assessor's Documents By performing a title deed search at the county records' office, you can see the ownership history of any particular property over time.
When minerals are produced from a leased property, the owner is usually paid a share of the production income. This money is known as a “royalty payment.” The amount of the royalty payment is specified in the lease agreement. It can be a fixed amount per ton of minerals produced or a percentage of the production value.
Unlike other states, Louisiana mineral rights revert to the original owner after 10 years from the date of sale or from the date of last production. Special care must be taken when dealing with Louisiana Mineral Rights in Louisiana because of Louisiana's Napoleonic law system.
In Louisiana for example, if you sell land, you may retain ownership of the minerals beneath it for a period of 10 years and one day at which time you must transfer such mineral rights to the current owner of that tract of land, but only if that owner has retained the land for the same period of time.
Since mineral rights can be sold separately from the land itself, even if you own the land, someone else may hold ownership of what's below it. “Folks who purchase properties without the mineral estate often have a lot of questions about what the mineral owners can and cannot do to harvest their minerals,” Bauer said.
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