I and other family members own mineral rights in Nebraska and we are being sued by the land owner for our rights due to the 23 year rule of non activity. My question is can one legally lease their oil rights to themselves?
Thanks
Tim,
Thanks for the information as it is most helpful. We will take the necessary action with the Court. The hearing has not been schedule as yet. I received the official summons on October 16, 2010, and I have our lawyer preparing a letter addressing the claims in said summons and our intent to contest the taking of our mineral rights by the current land owner.
Tim Metz said:
There are many methods to exercise your ownership of the minerals rights which is all that they require by law. You can take out a 1 dollar loan on it to a family member, (item 1 below) and file the document at the county clerk's office but the easiest way is to file a verified claim of interest, (item 3 below). Here is what all is allowed or required by the state statute 57-229. Mineral interests; severed; abandonment; extension; procedure.
A severed mineral interest shall be abandoned unless the record owner of such mineral interest has within the twenty-three years immediately prior to the filing of the action provided for in sections 57-228 to 57-231, exercised publicly the right of ownership by (1) acquiring, selling, leasing, pooling, utilizing, mortgaging, encumbering, or transferring such interest or any part thereof by an instrument which is properly recorded in the county where the land from which such interest was severed is located; or (2) drilling or mining for, removing, producing, or withdrawing minerals from under the lands or using the geological formations, or spaces or cavities below the surface of the lands for any purpose consistent with the rights conveyed or reserved in the deed or other instrument which creates the severed mineral interest; or (3) recording a verified claim of interest in the county where the lands from which such interest is severed are located. Such a claim of interest shall describe the land and the nature of the interest claimed, shall properly identify the deed or other instrument under which the interest is claimed, shall give the name and address of the person or persons claiming the interest, and shall state that such person or persons claim the interest and do not intend to abandon the same. The interest of any such owner shall be extended for a period of twenty-three years from the date of any such acts; Provided, that the provisions of this section shall not apply to mineral interests of which the State of Nebraska or any of its political subdivisions is the record owner.
After the document is filed you'll need to contact the court about the filing to end the proceedings, it will not cost you more than the filing fee just do it all before the hearing and judgment or order.
I also have mineral rights in Banner, Kimball, and Cheyenne county Nebraska and have had for 18 years without activity. I am filing quitclaim deeds to change name and address due to remarriage and moving. Will this extend the inactivity period back to 23 years?
W Thomas Atkinson said:
Tim Metz said:There are many methods to exercise your ownership of the minerals rights which is all that they require by law. You can take out a 1 dollar loan on it to a family member, (item 1 below) and file the document at the county clerk's office but the easiest way is to file a verified claim of interest, (item 3 below). Here is what all is allowed or required by the state statute 57-229. Mineral interests; severed; abandonment; extension; procedure.
A severed mineral interest shall be abandoned unless the record owner of such mineral interest has within the twenty-three years immediately prior to the filing of the action provided for in sections 57-228 to 57-231, exercised publicly the right of ownership by (1) acquiring, selling, leasing, pooling, utilizing, mortgaging, encumbering, or transferring such interest or any part thereof by an instrument which is properly recorded in the county where the land from which such interest was severed is located; or (2) drilling or mining for, removing, producing, or withdrawing minerals from under the lands or using the geological formations, or spaces or cavities below the surface of the lands for any purpose consistent with the rights conveyed or reserved in the deed or other instrument which creates the severed mineral interest; or (3) recording a verified claim of interest in the county where the lands from which such interest is severed are located. Such a claim of interest shall describe the land and the nature of the interest claimed, shall properly identify the deed or other instrument under which the interest is claimed, shall give the name and address of the person or persons claiming the interest, and shall state that such person or persons claim the interest and do not intend to abandon the same. The interest of any such owner shall be extended for a period of twenty-three years from the date of any such acts; Provided, that the provisions of this section shall not apply to mineral interests of which the State of Nebraska or any of its political subdivisions is the record owner.
After the document is filed you'll need to contact the court about the filing to end the proceedings, it will not cost you more than the filing fee just do it all before the hearing and judgment or order.