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Transfers of mineral ownership are accomplished by a legal instrument called a mineral deed. State or country ownership of minerals creates its own set of complexities; if Indian Tribes are involved, then tribal law, treaties, and customs become parameters that must be dealt with.
Minerals include gold, silver, coal, oil, and gas. If you want to transfer the rights to these minerals to another party, you can do so in a variety of ways: by deed, will, or lease. Before you transfer mineral rights, you should confirm that you own the rights that you seek to transfer.
In Louisiana for example, if you sell land, you may retain ownership of the minerals beneath it for a period of 10 years and one day at which time you must transfer such mineral rights to the current owner of that tract of land, but only if that owner has retained the land for the same period of time.
Each oil drilling district established in an urbanized area shall be subject to the following conditions: (a) Each district shall be not less than 40 acres in area, including all streets, ways and alleys within the boundaries thereof.
Wells drilled in search of oil to depths below 3,000 feet subsea shall not be located closer than 330 feet from any property line nor closer than 900 feet from any other well completed in, drilling to, or for which a permit shall have been granted to drill to, the same pool.
Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.
Whether mineral rights transfer with the property depends on the estate type. If it's a severed estate, surface rights and mineral rights are separate and do not transfer together. However, if it's a unified estate, the land and the mineral rights can be conveyed with the property.
Surface Rights in Louisiana Surface rights are those that cover the ability to oversee and control everything on the surface of the land ing to law. The holder is permitted by law to build, plant, and sell crops and timber on the land, even on a lease.