I read on here a while back about if a land owner owns the sufferance rights he could claim the mineral right if there had not been any thing done at the court house on them in 10 plus years. I think there was a name of the law in Oklahoma. They gave but can not find anything about it now. Can anybody help?
It is called the Dormant Minerals act or something similar to that. . Not used very often in OK. The time frame varies from state to state.
There is no dormant mineral law in Oklahoma.
I had an attorney tell me there was an obscure one, but it is rarely used. He may have been referring to section 84-271 Conditions of escheat.
On the other hand, North Dakota, Ohio, and Louisiana and other states do use their law frequently.
Technically, you’re both correct. There is a statute where the attorney general (and I believe the district attorney) can foreclose on abandoned mineral interests. But, these are mineral interests where it is producing and money is held in suspense, and nobody seems to be claiming it. So, technically, it doesn’t apply to minerals that lay dormant.
Does anybody no what (duhig) means on a title search?
503, 144 S.W. 2d 878 (1940). The Duhig rule essentially states that, if both a grant and a reservation in a warranty deed cannot be given effect, then the reservation fails. Example- you own all surface & 1/2 of minerals and then convey surface, reserving 1/2 minerals, you reserved the 1/2 minerals you didn’t own, thereby leaving you with no interest in the minerals. This is a layman’s example.
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