Legal Question in Real Estate Law in Louisiana

mineral rights

we own a home along with the mineral rights. there are rumors that there could possibly be oil under our property. yet we are in the process of selling. what should we do? is there a way to retain the mineral rights but still sell the house?


Asked on 2/04/07, 3:15 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: mineral rights

No one here can tell you what you should do based on a couple sentences. You mention a sale, but don't mention an agreement, the terms thereof, or anything else about it. See a lawyer where the property is located, so he/she can review all of the facts and provide a real answer.

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Answered on 2/04/07, 5:02 pm
Johm Smith tom's

Re: mineral rights

It is possible to sell land and retain the mineral rights; I used to do it all the time when I acquired land for the State of Texas to build roads. You should see an attorney if you really believe there could be oil and that you also believe you could still make the sale retaining the mineral rights.

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Answered on 2/04/07, 6:24 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: mineral rights

Dear LawGuru Friend,

I see you already have two answers, both of which I assume are correct; although I have not yet read either of them. Nevertheless, let me give you mine! The answer is yes. All you have to do is to stipulate that such a mineral reservation be made a part of the deal and made in writing in the deed whereby you convey the surface rights only to the property sold, reserving to yourself the mineral rights. Of course, I assume you are talking of Louisiana property. However, if if you have already signed an Agreement to Purchase and Sell, and have not made this stipulation and reservation a part of it, then you may not be able now to have that stipulation (or reservation of mineral rights) made a part of the deed whereby title is transferred without yourself youself having to breach the contract to purchase and sell. Good luck! I hope it all works out for you and yours!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 2/04/07, 11:12 pm


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