It was great for my wife to be able to take a depreciation, but the question is when a brother sells a farm to his sister, does a title transfer have mineral rights included?
It depends upon how the deed is worded. If no mention of retaining the mineral rights is included in the deed, then they were probably transferred (if the person transferring owned them.) If the deed specifically retained the mineral rights, then only the surface was transferred. May need a lawyer to look at the language.
I truly thank you for replying. This is a long story about an ex-wife who committed a hate crime against her ex’s children after they were divorced 12 years. When her ex died she sued us or my wife and brother-in-law to get the lease money of 500 dollars from Antero. Then sold the mineral rights to an aunt for 10 dollars who her ex did not like. When they were married he put the deed in both their names. Then he sold the property or 50 ac farm to sister. But I have not been able to find that deed although it looks like it might be more accessible now than a year ago. This happened in Doddridge and Ritchie County, West Virginia. I am not sure how much it is paying but my guess is about 30,000 a month. I had a lawyer who got me phone talk and did nothing. I would think there would be a division of farm and mineral rights.
I moved this over to West Virginia. Maybe someone local can help you with how to hunt for the information.
Also, look on the Ritchie County, WV site for helpful folks.
Yes Mrs. Barnes, I am in touch with the operator of the well and they said once they received the ADI that division orders would be mailed out and then payments. For Section 19 McClain, I signed something for a lawyer and my rights were leased for two years for a paltry 250 dollars.
There has been no drilling yet in Section 19.
Ritchie County documents Ritchie and other County documents site Select Ritchie then select Index Search. Doddridge County documents site
Here is the Doddridge section for Mineral Rights Forum
Ritchie County section Ritchie County, WV - The Mineral Rights Forum Please ask in those groups if you have questions about using the documents databases.