I just discovered that a company owns an undivided 1/4 mineral interest in one of my properties. Does the company require me, the undivided 3/4 mineral interest owner to agree to exploration/production/lease? I own all surface interest, if that even plays a role in this scenario.
Thanks!
Oh, the property is in Michigan. Thanks.
I do not work Michigan, so can only comment generally. The mineral estate is generally dominant over the surface estate. However, if you own both the surface and the minerals, then you have a bit more say-so as to where a drill spot might be-or not. It would depend upon the wording of your deed, but since you own 75% of the minerals, you probably have more control than someone with 25%. The wording of the deed is important as to whether it says “divided” which would describe a particularly described cut out part of an area or “undivided” which says the 25% is part of a larger area that also includes the other 75%. The acres cannot be particularly set aside in that case. Best to get an oil and gas attorney involved if you need help getting clarity. The laws of the state will guide.
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