Mineral Rights Question?

[Martinjmpr]

I was able to verity that the seller doesn't own the rights, hence they can't convey them to me.

I would imagine that's probably the case with most small property transfers and basically it means that the language in the contract is meaningless boilerplate that somebody probably put in there because they thought it was a good idea and nobody else ever thought to take out.

The seller or real estate company probably just wanted to make it absolutely clear to the buyer that what they were conveying was the surface estate only, no mineral rights of any kind went with it. Overkill, perhaps, but in our litigious society not necessarily a bad idea.

[asmo]

Go to the title company you are going to use and ask them who currently holds title on the mineral rights. I am guessing it is a 3rd party and that is why the language is in there. If not, you have your answer and can negotiate accordingly.

As for water rights - those are HUGELY important if they are part of the existing property. It should include a certain number of water acres per yer in a given aqueduct for a given period of time - withindrawn through a given number of wells -- all pursuant to the terms and conditions of the office of the state engineers.

I prefer to have the water rights as a separate quit claim deed from the rest of the property.

[CO Hugh]

I don't think so but I have to admit I never studied water law so I don't know. Unless there's a river or stream on the property I can't imagine that it would be much of an issue.

You need specific permission to hook up to a utility, a tap, or drill a well. The state engineer can help and check with the neighbors. The magic lot size is 35 acres for a lot of issues.

[buffalobo]

Are those records kept by County Clerk? Recorded like deeds?

[th3w01f]

Are those records kept by County Clerk? Recorded like deeds?

Good question, that would be great to know.

[buffalobo]

I believe they are as I remember looking through recordings related to my property about 10 yrs ago and seeing recordings for mineral and water rights. Mineral rights for my property were sold to Amoco in 1969.

[thvigil11]

Are those records kept by County Clerk? Recorded like deeds?

Should be. Getting a clerk that knows they have that info and know how to find it. That is another question now isn't it?

[buffalobo]

The public can search many county clerks records on the internet. Should be able to use legal description of property to search.

[th3w01f]

Thanks again for all the advice!!!!

I've continued to dig and after about 30 min with the county clerk I found out that they have an active lease on the 10 acres starting in April 2012. I think the seller is misleading us and their realtor.

[Irving]

The only lease I've had experience with was for 3 years, and I'm under the impression that is the norm, as a shorter lease is more lucrative for the owner of the mineral rights.

You could just buy a town house and not have to worry about any of this stuff.