Jump to content


Photo

Property Owners Rights vs Mineral Rights Owner


  • Please log in to reply
5 replies to this topic

#1 RASCAL2

RASCAL2

    New Member

  • Members
  • 1 posts

Posted 03 April 2013 - 03:28 PM

I   own property that I use and lease for hunting. I do not have any mineral rights. They are going to drill on my property and knock  out two of my deer blinds. Do I have any say   in this? Do they owe me any compensation?



#2 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 45,392 posts

Posted 04 April 2013 - 06:48 AM

I assume "they" are the persons/entities who own the mineral rights.

 

As for your question, we have no possible way of knowing because we obviously have no idea what your deed and (if different) the deed granting the mineral rights to someone else say and because you didn't identify your state.



#3 Guest_FindLaw_Amir_*

Guest_FindLaw_Amir_*
  • Guests

Posted 04 April 2013 - 06:49 AM

Was an agreement signed for such mineral rights?



#4 Fallen

Fallen

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 59,686 posts

Posted 04 April 2013 - 11:41 AM

I wouldn't presume a tenant would know about an agreement regarding mineral rights, but (s)he's free to check the land records.

 

It's unclear why you can't move the deer blinds.  I don't see any point in spending thousands of dollars on this for no good reason.  You won't get that money back unless you have a valid point as it relates to your lease -- and we obviously can't know what your lease says on this topic --  and the lease also says in a dispute, the winning person is free to expect reimbursement of attorney fees.

 

"Do I have any say in this?"

It's not precisely clear what you mean; of course, you're free to kvetch if you like, but we cannot know from here whether your lease gives you any contractual rights such that someone is supposed to pay heed to your complaints.

"Do they owe me any compensation?"

You realize you're asking strangers this question and we're not in the loop as to your lease.

Please consult with a local real estate attorney.

If this drilling involves natural gas, by the way, I'd be reading up on that as it relates to contamination of the area and what that would do to the wildlife over time.  (If you use the deer for consumption as food, that's relevant.)


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#5 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 45,392 posts

Posted 05 April 2013 - 08:18 AM

I wouldn't presume a tenant would know about an agreement regarding mineral rights. . . . 

 

You realize you're asking strangers this question and we're not in the loop as to your lease.
 

 

You might want to re-read the original post.  The poster is the owner of the property, not a tenant.  He/she mentioned that he/she leases it for hunting, but such leases do not appear relevant in any way to the issue raised.



#6 Fallen

Fallen

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 59,686 posts

Posted 05 April 2013 - 08:32 AM

I'm sorry, my eyes only saw "lease".  As an owner, you should know what rights the mineral rights owner has with regard to exercising them (whether or not you bought the property subject to someone else owning mineral rights, or sold them after buying).  This isn't something strangers can know from here, so you consult with a local real estate attorney.  May not be cost-effective beyond an in-depth consultation to let you know for future reference what you're free to expect.  (Deer blinds, however, aren't burdensome to move.  Then again, I don't think you mentioned how big the property is.)


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users