Re: mineral oil and gas deeds

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Jim, didn't we go over this is great detail on the legal
questions board? I sure seem to remember justice Dwag and I
drifting into the differences in mineral rights in applachia vs.
the midwest and west. but you have details in this response
that I don't remember from the other. You should talk to an
attorney who has experience in this area. In any state that I
know of, any properly executed and recorded deed that is not for
an illegal purpose (money laudering, fraud, etc) is binding and
goes with the land, binding each successive owner. so yes, the
oil and gas deed is as binding as the surface deed. many, many
properties in eastern KY, OH, Western PA and WV have either oil
and gas or coal leases on them or the mineral rights have been
severed altogether. It's not unusual for this to happen, when
the family needed a little money, they sold the mineral rights
rather than the farm land. It should not be so uncommon in your
part of the country that you have difficulty finding a
knowlegable attorney to answer your questions.
they will most likely have to look at the deed and the other
issues you bring up so I doubt you will be able to get all the
help you need from this chat board. Good Luck though.
On 7/05/06, jim wrote:
> On 7/02/06, Dustin wrote:
>> On 4/28/06, jim wrote:
>>> Can anyone tell me if a mineral oil and gas deed is a
>>> binding document, if so is it as binding as the surface
>>> deed?
>>
>>
>> The surface and minerals underlying a tract of land are one
>> and the same and a part of the same parcel of land until
>> severed. Severance is the act of either reserving the
>> minerals or a part thereof from a conveyance of the
>> surface.
>>
>> Severance of the mineral estate from the surface estate is
>> often accomplished by a reservation of the minerals, but can
>> also be effected by a mineral deed conveying only the
>> mineral estate. And severance occurs where the owner of
>> both the surface and minerals leases the mineral estate in
>> an oil and gas lease.
>>
>> In any event, deeds of minerals, royalty deeds, assignments
>> of interests in oil and gas leases or interests carved out
>> of oil and gas leases are ALL deeds of real property and
>> entitled to the same respect and treatment under the law in
>> most jurisdictions.
>>
>> Dustin --------------------------------------------------
> jim
> thanks Dustin.
> very good information,but i cannot understand how state
> legislators can legaly take a deed of private ownership of
> gas /oil from you and give your ownership of mineral rights to
> a company who has not contracted for production of the
oil /gas
> that is severed from the surface property" The owners of the
> surface property pays taxes on the surface,and the owners of
> the mineral gas/oil has payed a seperate tax for 100 yrs on
the
> gas/oil in pennsylvania the state says even if you own a deed
> for such minerals,YOU DO NOT OWN THEM. HOPE YOU CAN HELP OUT
ON
> THIS SERIOUS PROBLEM
> __________________________________________