Are mineral rights subject to the 10 year prescription in Louisiana if they are withheld from the sale of the land and then willed, so since they were willed are they subject to the 10 year prescription?
Mr. Haines,
Yes, the prescription begins running as of the date of the sale that created the mineral survitude. Subsequent conveyances (including gift, devise or descent) do not extend nor interrupt prescription. Only a good faith effort to establish production interrupts mineral prescription.