I purchased property in Adams County Colorado with the mineral and water rights. Eventually split it into 2 lots, both sold several years later. I leased minerals for several years on both properties. I was doing some research and found that the owner of the south lot sold the mineral interest which were not conveyed. One attorney I spoke to replied ’ just because he sold them doesn’t mean he owns them.’ I have no idea where to start and without a lot of recources. I would like to sell if they are indeed mine. Any ideas out there on how to proceed? The original deed showing ownership of the minerals was never recorded. Thank you
Not giving legal advice, but in general, if you did not specifically retain the mineral rights reserved when you sold the lots, you may have sold them in the sale. You may have leased them after the sale, but that may have been sloppy leasing work without the lessee running title. You need an attorney to work out the details.
You have several issues. By the tone of your post, you will need to get a professional involved to perform a title search in order to confirm your ownership. I would start with a landman for the initial evaluation. Balance your need to know with the expected value of the property.
Well we got a lawyer. The lawyer, the court house people all say we own the mineral rites but the oil company is still saying they have to do a quiet title search. Is this normal for property that has been owned since 1919?
Courthouse employees are generally forbidden by law to offer opinion as to ownership. Your attorney should be able to address the issues related to a quiet title action rather than offering the opinion that you own the property.