I sold my land amount $27,000, but I retained my mineral rights that was 9 months ago. That time I signed the deed I was on my vulnerable moments as I was evicted. I read the deed and signed it in the lawyer office together with buyer. I repeatedly say to the buyer and the lawyer that I only sell the land but I keep my mineral rights. Now I wanted to sell my mineral and the new owner told me I have no rights anymore of my mineral. I really can’t believe of what happened. I don’t know what to do. Please I need an advice or anybody know whose lawyer van help me about this problem. The property located at Sabine Parish, Louisiana.
You have a few issues. First, your deed would have to specifically reserve all mineral rights. If you did not do that, then you have a difficult situation. Did you pay the attorney or did the buyer pay the attorney? If it was the buyer, then the attorney was not representing you at the closing. Second, you also have an issue of prescription rights if there was no oil and gas production on the property. These are complex issues that could easily cost more to resolve than the sale amount. I am sorry for your troubles. Good luck to you.
Thanks for the response James. In the deed it didn’t say specifically I retained my mineral, that’s the main problem. The buyer pay the lawyer. There is a gas on the property but not in lease. I know it can cost more than the amount of the sale and we can’t afford to get a lawyer. So far I contact plenty of lawyer but they say it’s difficult to resolve since it wasn’t specifically say I retainee my mineral. Anyway, thank you.
What does the sales contract language say about mineral reservation?
If you did not specifically retain, then you did not retain the minerals. The lawyers are correct about being difficult and they are being polite.
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In the deed: "…undersigned witnesses and Notary Public…complete transfer and subrogation OF ALL RIGHTS…(that red flag)…then at the botton of the deed it say the description of property…but never mention excluding the mineral rights.
I understand it wasn’t reserved in the language on the deed. My question is: what does your written sales contract / agreement say about it? Usually there is a document that agrees to the sale price and terms executed prior to the deed.
The reason I ask this question is because I’ve seen several situations where the minerals were reserved in the sales contract but the title company failed to include the mineral reservation language on the deed. If this happens to be true, there is recourse - depending on how much time has elapsed since the deed was recorded.
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