Ep169: Should you avoid buying property without mineral rights?
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- čas přidán 25. 07. 2024
- In this video, we talk about the issues with land that does not include mineral rights. It is surprising how many ownership rights can be separated from a piece of land. If you are looking to buy land and it doesn't include mineral rights, should you pass? What are mineral rights? Do they trump surface rights? How do I find who owns mineral rights?
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I bought my North Arkansas farm in 1988 from a family that had owned it since about 1900. Being simple mountain folk they had not given up any thing. And I got the mineral rights when I bought the place, but before the ink was dry, Chesapeake oil & gas came knocking. What was offered was a one time Buy out of the mineral rights. It was tempting but I said I will let you drill but I want a percentage/royalty. So I did not sell out but the layers put together a contract we both could live with. So by 1996 the checks started rolling in. I now have 8 gas wells and a pipeline on the place. I had to get 2 lawyers one Real estate and one mining, the contract is almost 100 pages most of it I don’t understand. By 2008 my 1383 acres was paid off and have gone totally off grid. I have water power for electricity and of course gas too. I am not that smart but knew enough to ask for help.
Smart play!
that is the way it is supposed to be done! I wish you were closer, I would love to video your setup!
You have copy & pasted this story on how many videos now 😂
@@Brandon-xx2vt Still good to know if you didn't see / read comments in other videos. I haven't.
Can you sell me 5 acres, no I'm not kidding.
thank you. I heard a realtor say 'if the mineral rights are not mentioned, they're included'. I didn't question it... "question everything".
In theory, that is correct unless they were sold already? Makes sense, doesn't it?
This is one of the most valuable videos you have done, and that's saying a lot. You always have the best content as it is.
thanks, Ryan!
You have the surface rights and they have to break the surface to get to the mineral rights. Nobody should be able to drill on your property if they don't have the land rights
NEVER EVER BUY LAND WITHOUT MINERAL RIGHTS!!
I had a friend in texas who bought a farm but he didn't get the mineral rights.
He started ranching and an oil company came in and they started drilling The water got poisoned the cattle died and even his kids got sick.
He lost almost everything and the Case is sdtill in court
Yeah Texas is a very f'ed up state the way they respect a corporations rights over the surface land owner.
Texas corporations motto "don’t tread on me"
In Montana a surface owner can re-enter an old well or drill their own. It is called a "Domestic Gas Well". You can use it for things around your property like heating your shop/barns/house but cannot sell it or you become an Operator and have to account for all the mineral owners under the land. You would need to contact the State Oil and Gas Commission. Something to look into.
Thank for explaining that. Planning to relocate & buy property in Montana. This was definitely a "need to know"
I honestly don't know anything about mineral rights but my concern would be that if anything made it to litigation an oil company could afford much better legal representation than I could.
Absolutely! Nobody can lawyer up like big Oil!
You dont have land but you are already thinking the worst. Probably best you stay in the city.
Hey Troy, great video. Here's a story, I bought my land in Southwest Virginia in 2015 and had no concept of the separation of surface and mineral rights, so obviously I DIDN'T do my homework. Bought the property without an agent and 9 months later, it had been surveyed for a coalbed methane well. Juicy tidbit: in VA, land owner permission isn't needed to survey for mineral extraction. Another 9 months after that, I have a 7K foot fracking well on my property with a road that's almost a mile long. These companies will work with landowners to develop an easement, though they will only go so far before they proceed with permitting and such. Though the whole process, I spoke with one of the best Eminent Domain lawyers in Virginia. His final advice: It sounds like you've gotten everything you can from the company, sign the easement once it looks good to you before they condemn your land and take it from you. These companies are only willing to work with you to a point. They will always get what they want: their minerals. Great video...I think you should revisit the topic when you have a chance. Keep up the great channel!!!
Yeah, that sounds like a serious situation there. I think the laws are slanted toward the resource company and they have the legal team to push it as far as they want. Thanks!
It should be that mineral rights give zero rights to access. That way if they want to get it they'll have to pay or give up the claim.
Sounds reasonable, as long as you know this before purchasing the property. Should also reduce the price of the property.
Yes, acreage is cheaper usually.
Thank you for doing these kind of videos, no-one else is giving this kind of valuable information
Best video Ever! Love the personal commentary
I really love that you've been coming out with topics that NO other homesteaders have even mentioned! Great info.
I've mentioned before my family home of my younger years, we had a nice year round, non-flooding creek right through the middle of it. The farm ahead of us, and at least 2 farms past us had NO rights to irrigation from it. We did. Important to have, for watering those pastures.
The whole subject of water rights seems so foreign to me. We will discuss that in an upcoming video as well.
@@RedToolHouse I would very much like to see a video on water rights as well. I'm in NE Oklahoma and will soon be looking for just a few acres. I suspect that every property I look at will have had mineral rights sold off long ago, but with as many bodies of water as this state has (and how very badly I want ducks), water is going to be a big deal for me to know about. Your videos are always fantastic, and unlike any other channel I have found. You've really set yourself apart. Thank you for so many smart topics!
Listened to this again today. thanks for the knowledge.
Excellent video, thanks for sharing this information is a way that is clearly communicated and easy to follow along. I’m excited to check out more of your videos!
Thanks I never really considered that when now looking to purchase Land.
Good video, great advise. Thank you!
Very interesting! Thank you!
Great video. I appreciate this discussion you’ve shared…
Great topic. It actually raises more questions. It sounds like the whole process is a large gray area.
This one is absolutely very well prepared and important to know.
Good on you.
Thanks for your hard work .
Thank for watching
Great content again! Thank you!
Glad someone finally explained all this. I have been wanting to know about it in case I ever get the opportunity to buy my own land! Thanks! Your videos are very informative !
but i am purchasing a small house in a small town should i be concerned they want to keep the mineral rights?
Great topic. I’ve been curious about this topic.
Thanks.
For me, the whole point ofa homestead is to get away from people - and be somewhere that I don't have to worry about others. Same as I don't want to buy a house in an HOA - I don't want to buy a place where some company can send whoever to go mess around on my property for ANY reason. Not going to have some company coming in and fracking next to my water well for sure.
Louisiana is interesting in that mineral rights revert to the owner(s) of surface rights if no production for ten years.
Love this channel, tons of good info :D
Informative as always- thanks
Thank you for all this information from NYC
Your welcome and stay safe up there!
You mentioned that a coal company "wouldn't mess with 100 acres," that they'd need thousands of acres to build a mine. But I remember visiting my uncle as a kid and seeing how a coal company who owned the mineral rights to his land had come in and completely wrecked the forested part of his land by strip-mining it. He was an avid hunter, and had worked hard to create good habitat in his forested acreage for deer and black bear. The strip mining decimated that.
its a good opportunity for improving your land too as you explained, yes it can go both ways good and bad. excellent talk
Thanks!
Great video! Thank you!
What a wonderful and informative video. My husband and I are looking into purchasing property and some of the descriptions specifically state that mineral rights are not included. (We are in very early stages and your video regarding directly contacting the owners is also very useful.) It was something I never thought of and had no idea that it could be an issue. Your explanation is so helpful. We had thought to dismiss those properties, but I will definitely have to give it some additional consideration. I've really enjoyed all if the videos I have seen so far. They are very well thought out and informative. Thank you for your time and hard work on them.
Glad you found them useful. Try to find other property owners who have mineral rights owned by the same company as the property you are considering. Maybe they can provide some insight. All of that info should be in the tax records.
Another great topic, thanks Troy. Bob in Qatar
Little bit of oil going on over in your neck of the woods (sand) right?
Good information.. Thanks
Mineral rights can also be LEASED for a certain period of time. That's how much property is used for oil or gas production. There are people called "land men" in the oil business whose job it is to locate the owners of land recognized through seismic testing and negotiate with owners to lease the mineral rights at whatever level they expect to find the oil or gas they in interested in accessing. Leases can even be limited by depths between under the owners' properties. Sometimes a well will be drilled to produce oil from several different even nonadjacent tracts, depending on the shape and depth of the deposit.
Recently, in northern Louisiana, there are many families, businesses and even towns which have suddenly become incredibly wealthy overnight just leasing, not selling their mineral rights. Myself, I still own mineral rights to a small tract I (stupidly) sold over 30 years ago.
Good info!
wow very informative video Troy... never thought of this topic as I am inactively looking to buy a piece of land... :) thx so much...
Sure thing. I hope all is well with you.
Red Tool House - Homestead yes all good,thanks for asking. ..
Yes, by all means avoid all land that does not come will with all rights.
With imminent domain your dont necessarily have all your rights.
@@zarb88 Well sure but arguing that far is semantics considering you never own anything in this country. You rent it from the city or the country you are allowed to stay there if you keep giving them money. So sure they could eminent domain it but that's as loose of a concept as you saying that you owned it to begin with.
they allowed you to stay there or in your house or your apt etc. under the terms of payment and following the laws and guidelines they placed. It's literally no different than The king allowing the Lord to keep his land in exchange for taxes. The Lord is expected to make a living off of managing the people that live in work his land. like a city in a country or like employees in the business the owners the Lord. The federal government is the king.
They'll just as quickly kick u off and put a more pliable paying person there.
Thank you for the video
Very informative.
Thanks!
Lots of good information
Awesome man...
I live in nw West Virginia and own land outside town and dont own the minerals under the surface but I recently recorded a Affidavit where I declare ownership of the Renewable Energy Rights and Air Rights above the surface. Senate Bill 5 says the state vests ownership of the airspace we own above our property to us for the use and enjoyment as much as necessary. It's a new concept but it's slowly catching on.
Great topic. We have 20 acres in Southern Missouri that is within what is considered the Lead Belt. We have mining companies contact us to lease the land at prices I consider insulting. Besides that I don't want to lose usage of my land. I can't see how they could do anything on the property without destroying it.
Great Video Troy My situation is I live on a 120 acre family farm from the 1860's in the 1960's a local gas company bought a rite away from my dad and buried a 3" natural gas line. The gas company has been back twice over the decades to install more gas lines the last time they did remove the original 3" gas line and buried a 16" gas line for the local town's but, it was a tremendous inconvenience to us property owners going through our fields. Thanks for the Video
I have the same thing on the back of my 100 acres. 10" line I believe. Was here way before I was. Every so often they come clear it. I request each year that they not spray.
If you don't own mineral rights, you're still entitled to damages for anything done to the property on or from the surface in most if not all states. You should ALWAYS seek counsel from a lawyer with oil and gas experience and knowledge of what's being paid for similar damages in the area. Don't trust landmen and others who are not operating as your fiduciary.
I'm with you on this point. I was interested in a property and everything was looking great until I asked about the mineral rights. You would think I stuck a dirty stick in the realitory's mouth. After researching these rights, I discovered a mining company held these rights. Since there was a quarry close by I had to assume the same minerals were under or near my property. I couldn't obtain the mineral right and discovered that the mining company had plans to start digging for these minerals. It killed the deal to the property because I wanted to keep the old growth timber on the property. The mining company needed to cut through the old growth to get to their minerals.
yes, that would be the red flag if there was an open pit operation close by then it could move over very quickly.
Yep. I heard from the neighbors that the open pit cut through their water source forcing the neighbors to dig deeper for their water. They had a class action suite against the mining company. I just didn't want any part of that hassle.
Definitely a skip on that one!
That should have been illegal to sell mineral rights to one party and the land to a second party. How is that not a conflict of interest? In WV these big rich companies took complete advantage of poor people!
You can do your own title searches. It’s not hard to do. Just takes several afternoons at your county seat in person
most interesting video. I would like to see several more videos on subject. as they say "all politics is "local" . So must all real estate is really " local" in scope and context. What maybe common in W. Virginia is considered rare in other states. Other disadvantages for not owning all the rights are additionally, the lack of peace of mind for the surface rights holder of the what the other right holders may do in the future where you have no control or adequate protections. It surely would make you think twice on every capital improvement project on whether too make the investment or not in your property. Another disadvantage is the other rights holders could be "well heeled" and can simply outspend and outmaneuver regardless of the validity of your legal claim. Put another way, long money can outlast a person's lifetime and even their valid legal position.
Surprised to hear that mineral right holders are not easily identifiable. not in favor of big government but it does force the issue on who owns what in real property wealth.
Enjoy your videos. All first class.
Thanks for watching! Yes, I would love to hear more from people in other regions and other "mineral" sectors to see what they run into.
I was going to ask you this. I cant see buying land without mineral rights.
Great topic, would like to know more please ;)
Sure. We will try to do more videos.
I am looking at a property in AR and the seller wants to retain the mineral rights primarily for natural gas. This video is very helpful and if I pursue that purchase I may have him specify ONLY natural gas. 80 years ago no one knew about fracking so a lot can change!
I plan on doing a youtube on this. we ALMOST LOST OUR LIFE SAVINGS in Florida. Some places, like Texas, the surface rights are not in play so much. Florida, is different. Bottom line, in Florida BE CAREFUL! The farm we ALMOST bought we found out almost too late, was to be DUG UP.
Imagine buying land to live and retire on - only to find out that it's going to be a strip mine and there's nothing you can do about it ... but they'll put the surface back when they're done in 50 years!!! Lotta good that does me right?
Wait what? You were about to buy a farm, and then you found out it was about to be turned into a mine or something? - How did you find out that was going to happen? Were the owners selling the place to you dishonest?
In Texas mineral rights owners have their way with surface owners.
thank you for the information. That may work for you. But it sure doesn't work for me! but I appreciate the fact that you explained it so well. I have been looking at large plots of land near you and into the next state and I just couldn't live with that. I'm leaving where I'm at because I don't want that much contact or somebody up in my business. So now I can cross that part out and not worry about it. Sad because there was some good deals but then again I don't know how you guys deal with the snakes LOL we have them here but only one poison one and that's a rattlesnake and it's rare and actually there's nothing to where I'm at now you have to go East over the mountains. the only reason that comes up for me is cuz my sister has a property in Texas or everyday at least 22 copperheads were around the house and there's always a cottonmouth it ends up chasing her.
It is good to know what to expect before committing to anything.
Gomez l Addams most likely if you are. Using property in eastern KY, WV, or VA you won't have the choice on the mineral rights. Those were all bought up many years ago, as Troy said.
Great topic. When I bought my 34 acres in Spencer WV back in 2010 There was an oil well on the property and the rights were sold in 1989. It wasn't really a bother. Actually it was nice to have a maintained road up to the ridge. I just gave the gas & oil company the lock combination to my gate incase they ever had to service it.
Yup! That is the way we do it here in WV.
In Texas mineral rights are dominant over surface rights. So with the law and courts on their side good luck when an individual has to deal with an oil company.
My aunt has 100 achers of property that has 3 oil wells on it, the company keeps the access roads LVLed and clean.
Good info, I'm looking for Off grid property in West Texas, I would prefer WVa mountains but you can't get 10 acres for under $5K in WV! My father's side is from southern WV, Small town near Princeton/Pipestem Resort area called Hinton..Summers county I believe..anyway, So I kept seeing on all these ads for land out west "Mineral Rights not included" So now I have a better understanding on it.. I would LOVE to find land in WV as I see that state as the most beautiful..I grew up with us going up there several times a year from Tampa,FL to vacation and see family up there..always stayed at Pipestem or farther away at the Greenbrier..
Very familiar with Hinton. I have a good friend that has a camp on the river in Hinton. Great place!
Hi,
I was hoping to here about land patents.
Excellent video, I was amazed at how much you covered in 25 minutes. You have an excellent way of presenting information!
I was wondering, you mention using the right of way for growing, but would that be worth the effort given the risk they could come in with heavy equip at any time and destroy the ground (I realize they have to restore it after).
I started laughing as soon as you mentioned the courthouse burning, I knew exactly what was coming next. Good old greed and politics huh? It’s thick here in Alaska too. Incidentally, I do have full mineral rights here, as well as water and irrigation. I wouldn’t be comfortable with anything less (but as you mention, no cheap land here). You may think they have to respect your surface rights, but when a big company wants something, the little guy doesn’t have a prayer. The other enemy is eminent domain, but that’s a whole different subject.
They have to notify me if they bring equipment onto the right of way and the only reason they would is to clear it of trees that have grown up. As a transmission line it doesn't require much maintenance.
Ener seen moveable chicken, turkey "pens called tractors. Ones you hand move every one to 7 days to a new plot of grass? perfect for the grass I saw in Troy's video, but need to be near enough to tend and feed& water your livestock comfortably daily.
I have just 2 Acer's in Navada without mineral rights I know that mining in the past was big deal there so my 2 acrers not in any danger thanks for this I wondered if I was wrong to buy my land without mineral rights I now understand that doesn't Trump my rights as as owner
what are you saying...I thought if the owner retains mineral right's they can do all kinds of things to get to the minerals you do not have to agree to it...
Here in Queensland Australia the Crown ( which means the government in trust for the people) own the "mineral rights" for all property in the state (with exception of a very few properties). The royalties from the these rights go to the state and help offset taxes.
Contact the channel "Swedish Homestead" about their issue with mineral rights.
Very interesting. More on mineral rights is needed. Are there maps available showing known coal/gas/oil areas? What happens if you drill a water well and intersect a mine shaft with abandoned mining equipment leaking motor oil/grease etc. and the water is not usable? Can you recover the cost of the well drilling from the owner of the mine?
Good job on a complex issue, how about a discussion on rights-of-way, as one of your comments suggested? How to check to find out if recorded ROW's effect a surface parcel, and such. Like mineral ownership, ROW's can greatly determine access and surface damages and one's homestead.
I am trying to get a property lawyer to give me some details (without charging me :)
Start by going to the assessor's office for the land, usually a county function. Where I am the city land is within the county assessor's office, though may not always be together. Usually intertwined with property tax assessment to find it. Then go to their maps. Right of way can also be established informally like a path to a lake the community has been using for the last 30 years. With that you have to read up on who has what rights and how they are defined. Usually within "codes."
I think in some jurisdictions there can be "subsurface rights," without right of surface access. It's another sub-category you may run into. I ran into it in Colorado real estate law broker's education.
Me and my Sister own the mineral rights on a property that we lived on in the 60s as kids .
I don't think the present owners have a clue so before we put it up for auction we will contact them so they can bid on it if they wish....
Now in California the mineral rights automatically go with the property unless previously seperated
I have 80 acres in the heart of Mississippi's oil belt; and few of my neighbors own the mineral rights to their property. Thankfully, no oil has been found in my immediate area, and the drilling companies gave up looking many years ago. That being said, I'd still like to own the mineral rights to my own property.
In the Midwest and the West, water rights can be an issue ...both well water and the rainwater runoff itself.
hi troy in the process of buying land in wv can you give me your buddys info on title search and if it has surface rights greatly appreciated
my reletives gennerally get paid a Tresspass /acess fee from the well operators . it's usually a few thousand dollars
how do they get in and take the minerals? They tear up you surface ground with out compensation?
Thank you! we own 66 acres in Wayne county,Wv and our deed states "FEE" which we was told that we own the mineral rights.
I would verify that and if so, I would look at leasing those rights for some additional income. Gas is king right now and Wayne county has some in the Rogersville shale, I believe.
look up "Fee absolute"
@@elaines5179 Interesting, Thank you!
Great video, very helpful, we have been looking in that area for a bigger farm. You mentioned following up with additional info , I would love that. I would like to know more about the safety of the whole deal. Explosion possibility, water and ground pollution, etc. Also Troy, how much of noise and inconvenience was the right of way work they did? How long did it take them? Also, sorry, off topic but do you get many military planes and jets flying over?Lol. research I am doing on our relocation.
The existing pipeline that has been on the property for decades really has no ongoing pollution issues. The gas company wants to spray herbicide to keep it clear but I have gone on record requesting that they do not. They must comply and have. A leak or rupture could cause pollution or an explosion but that is very rare. The work they did since I have owned the property was on the very back end of the 100 acres. We didn't hear or see a thing. We have a C130 division at our local airport. Maybe once a month a military aircraft flies over.
@@RedToolHouse Thank you, I appreciate the time for your feedback. I thought you wanted ideas for an addition to your video about pipelines, so those issues I thought might be interesting. We enjoy your videos and corny jokes!
A friend in WV sold the mineral rights to a natural gas company. They estimated in the pre-negotiation he will get a $100,000 to quarter million monthly payment. Whatever the actual amount was, they company was charging him with so many fees and expenses, the actual payment was reduced to $10,000.
He decided to bite the bullet because, his mother has Alzheimer and that was the exact amount to pay her monthly care at a facility.
Your friend should declare by recorded affidavit that he owns the Renewable Energy Rights and Air Rights above his land. I live in WV and that's what I did on my rural property.
I am looking for land in WV. What do you think? Are you happy with your purchase?
Good stuff Troy. I bought 13 acres where i live about 34 years ago. I never thought I owned the mineral rights. I was told way back when the original owner probably in the 1900's retained the mineral rights. Our little piece of W,V. is heavily being torn up by oil,gas,pipelines, and coal Companies. So much that I am interested in selling out . How does one know who owns the mineral rights ? Thanks Troy. 👍👍👍
You would most likely have to hire a title lawyer. Your deed may say one way or the other but that isn't always clear. A lawyer can do the proper research.
Thanks again buddy
If they get the right of way do you get royalties or do they just pay for damages etc.
In my experience, royalties only come if you own the mineral rights. If it is a new right of way, then they will give you a negotiated cash value for access. If it is an existing right of way, you can demand maintenance on their expense with reason.
So do you get free gas? And if so, is there a limit to the amount you can use? Could you put a gas generator on your property and power everything that needed electricity? OH great channel glad I found it, subscribed and set up notifications but based on youtube I'll more than likely never get an alert on you but will get tons of them for stuff I din't set up to see.
The farm did have free gas at one time but all the wells are capped now and the free gas is gone. Thanks for watching us. Hopefully CZcams will keep you notified.
It would be valuable to know about the process of buying back the mineral rights on property you own or want to purchase. Is there anybody out there who can fill us in on this process?
The real issue is getting the current holder to sell them back. Very tough to do. I tried to buy the 40 acre tract beside me years ago from the gas company and they didn't even want to discuss surface sales.
@@RedToolHouse Huh, seems a bit odd that they "didn't even want to discuss surface sales." What would it hurt for them to simply discuss with you they possibility? I wonder why they are so closed-mouthed about it. From the info I've heard you share so far about your interactions with them, they 'seem' to be quite amiable when they have an need or agenda.
Here's a complication to add to the situation. What if you wanted to drill a thermal sink - basically a 200 -300 foot well that you drop a pipe loop in, fill it back up with gravel or dirt and then use the Earth's heat and the ground mass as a thermal sink to heat and cool your home and out buildings. Would that come under property use or mineral rights? (I'm guessing no one would much care. Maybe a note that if it interferes with a later extraction, etc....)
The electric service line to my house crossing over my neighbor's front yard was going through a 'weed tree' (Tree of Heaven). And it was throwing an occasional spark on the tree. My gardener refused to touch it said he didn't know anyone who would. My neighbor? Same as me basically. So I called the utility, told them all this, underlined the hazard of their wire sparking to the fast growing tree. This was about 4 years ago. Also, the tree and our houses are on a steep hillside, oh, and we're in California..... hazardous? Like misplacing a landmine. A week later I got a phone message: "We've inspected the tree, you should have your gardener trim the tree. Bye (sucka!)." So I got out my neoprene gloves and cut the sucker down, throwing sparks the whole time. I know what I'm doing, but I know how dangerous it is and could cause a fire. Also the way the tree grew it took about four cuts to untangle it.
Two years later.... after about the umpteenth utility no-regular-maintenance fire killed 60 people Pacific Gas & Electric plead guilty to murder - not a play on language. About the time the bodies were being counted, the stumps were still smoking, I started seeing utility crews all over town trimming trees.
'bout dam time. That's the way it used to be. Every summer about the same time the utilities crews would come into the area and clear the wires.
The cable/internet company when they hooked me up actually draped their line on one of these trees. Didn't take but a couple of years for that tree to grow enough to stretch that line. I called them up. They too kind of shrugged. Is your internet working? Yes. Call us when it isn't. Seemed a bit... So I cut down that tree and even though I was careful it snapped the fiber optic line. I called them up, no problem, sent a guy right out. It was a bit complicated, but he was cool, used one of my ladders, I helped pull the line... All worked out. That's how to do it.
I see property like that all the time. Its a big scam in Pennsylvania now.
So at least where I live I own the timber but the old mine company owns the mineral rights the mine looked at mining my property but they can't strip mine it they have to tunnel mine because they can't touch my trees
good video. i know the idea of a nice driveway on my property would be cool but have to allow access of my property to someone else, im not keen on that, im not going to buy 100 acres because i want people around me LOL obviously compromises can be made and such but i want to be left alone and not have anyone tell me anything about nothing
I have been underground mining for a little over a year and a half. That being said it would be hard for me to buy property without all rights.
Equipment constantly leaks something into ground water. Drilling peoples wells dry. Blasting could potentially damage property. Core drilling on surface owners property. You have no idea how much pollution is in mining.
Selenium is a big issue around here from the strip mines. Fortunately we have none in our vicinity.
I have mineral rights the neighbor sold his and they strip mined right to the line and left a 100/200 foot cliff and if I go down there I can see somebody has been hand digging my coal seem.
Get pics, cease and desist with a demand for payment - not only for the coal, but for damages from trespassing and destabilizing your land, or whatever else you can think of.
What are your thoughts on buying land with power lines through it?
research health effects carefully.
What counts as surface? 6 ft?
Red Tool House Homestead .. Your brother's minerals may be what is called 'undivided interest' in his minerals. Anyway, that's what they call it in Oklahoma when you own a percentage of minerals in say a 640 ac. section. Love your video's even though I'm on the other side of the U.S. (desert) and would love to be living in such beauty of green everywhere, except for the snakes! Makes me a little jumpy thinking one might jump out at you. lol
My family owns mineral rights in 66 acres of mississippi country. They said the oil we have is not "ripe" basically it's not quality enough for us to sell now. They said 20 years or so and we could sell it but the land is owned by all the. Cousins so we don't really have to worry about loosing our rights as everyone needs to sign off for it to pass.
I'd be worried I'd end up sharing my little farm with construction crews. :P
Could be. Charge them rent and meals!
In Texas mineral rights are expensive to own. In Louisiana I owned my mineral rights of all the land I owned. I never made a dime on the land either way.
Did they frack that well, your well water could be compromised.
I live in Wayne County Wv. and in 1921 there was a fire of the courthouse and most land deeds were destroyed so when the county redone the deeds the landowners had been written up without mineral rights at least that's how it was explained to me
if a seller "retains" ANY rights, the land is not actually sold...
only a limited priviledge of use is being sold ...
Where i live if you buy land and it comes with mineral rights it says on the dead if someone else owns the right it also says that. It usually does not say who owns it, but you can go to the tax assessor s office and find out who is paying taxs on the rights.
That makes it nicer. Wish all states were like that.
Which state?
Texas
I have 250 acres in Summers County, WV. The realtor and paperwork say "all mineral rights owned by the owner will be conveyed" to me in the purchase. Does that mean I own the mineral rights? How do I find out if I own the minerals rights?
Yes, that means you have mineral rights. If you wanted to be 100% sure, then you would need to hire a title lawyer.
You guys should do a video on how to control ticks on your property. I'm one county over from you guys and they have been awful. I grew up in Raleigh County, now live in Florida, and don't ever remember them being this bad.
I disagree. That language reads like a "quitclaim deed" You are buying whatever rights I have, I may not own them. Those words do NOT establish that the seller owns any mineral rights, that's for title research to decide. I would not depend upon that. A quit claim is used when rights are not clear. like an exwife in a community property state may have some claim, so they execute a Quitclaim, for whatever rights they may possess as a form of clearing /clarifying a title. At least look up the deed for when your seller first obtained title to what he is selling you. If the property has a parcel number it can be considerably easier for you to do it yourself so long as not too too far back in time. Sometimes if a land survey has been conducted for a prior sale, that can give a paper trail to follow. The assessors office is a good place to start, cause they value a property to assign tax value, and mineral rights add taxable value I would think. A long term clerk in an assessor's office can be a wealth of information.
No. It means you own whatever the previous owner owned . But, you nor the Realtor know what percent of the mineral rights he had. Searching through the past deeds is the only way to know. Some people hire someone to do this and some do it on their own.
@@bibo3373 I looked into it and spoke with a deed lawyer that work for a coal company for years. It’s madly expensive and they have to go back hundreds of years believe it or not.
Land "ownership" is actually a bundle of rights. You buy rights to land and though you may have a lot of control over that land, no private citizen has complete control over a piece of real property. The government has some rights, including escheat. I once sold a piece of property in New England that had a liqour reverter on it. It was an expensive hassle to get it removed before I could sell it.
It stinks in Kentucky also ! What I see !
What if there was uranium under your land? Would they buy you out and you move? I'd hope so, uranium is really messy and hazardous...
Not in its raw form
Bottom line: Technically no individual really owns land. Even if you have mineral rights the government can take your land for eminent domain. The solution lies with legislation to change standing law. The problem? The courts have allowed big money into politics and the lawmakers we elect, like it or not, take their orders from their big donors and not the people who elected them.
Now you know how the Natives feel.
@@Ang.0910 😂
It's almost as if the country was set up for the sole reason of creating a workforce for the corporations. Corporations pay their employees wages only for these employees to turn around and give their money back to these corporations to allow them to remain on the land they "bought" from these corporations.
So, if done right, you can kinda blackmail mineral companies into doing things for you if they have to come across your property with their equipment, good to know!
Maybe not the way to say it out loud, :) but you do have options!
A free road, or gravel on your road, every so often is small price to receive for the amount of loss you're taking because you do not have the mineral rights some long ago land owner sold for pennies on the thousands...
Not just loss of revenue, but potential destruction to your property. Look at the lawsuits regarding fracking and the contamination to drinking water. It’s easy to be complacent when it just an easement; what happens in 10 years when they come up with some new technology they want to use that can ruin your property? Yes, you may have surface rights, but they have top notch lawyers and the money to pay them to screw you over if they choose.
It would be discouraging to work hard all your life building a beautiful homestead and planning to pass it down to your kids, and have to walk away, no matter how good the buyout offer.
In East Texas they have mineral rights and timber rights
Where? Most of Texas has no mineral rights from what I’ve heard, I’ve been looking at linden but have been concerned about mineral rights
@@adrian10777 I do not know where you heard that at. If property has ever belonged to one of the timber companies it probably does not. Their SOP is to sell the mineral rights... many of the oldtimers had deeds wrote where their family kept the minerals before the sold the property. And rural land that was lost for taxes during several specific depression years, the minerals belong to the original land owners ( heirs) by Texas law.