Does anyone know where, online, to find published quiet title actions? I'm not even sure if lawyers can file quiet title actions to acquire unclaimed mineral rights (versus surface)?
Marian, in ND at least I think the surface owner is the only one who is supposed to be able to reclaim dormant mineral rights beneath their surface. I think to bring a quiet title action, you would have to show you were the surface owner of the minerals and had taken the steps to succeed to the minerals, show a fairly compelling case that you purchased the minerals, or that you inherited the minerals in question. I don't have any idea about Mt. or Wy. where I see you also have minerals, their laws may be different. I think it would probably be difficult to claim the minerals by adverse posession, as I haven't heard of any cases of it in ND.
Thank you for letting me know. My grandfather deeded away surface, excluding the minerals, years ago and I have the documentation to prove it, but wanted to see if those surface owners had attempted to reclaim the minerals. Gramma forgot to probate minerals into the Corporation that he established. We will be be bringing our titled minerals up to date (one family corporation - descendants of Grandpa) in the very near future.
Marian, You probably already have a statement of claim, but I would make it first priority if you don't. If the surface owner only recently succeeded to the minerals under his surface, he isn't out of the woods until his title is perfected through a quiet title action. If the title is not perfected, you may be able to reclaim minerals, but have to pay the surface owners fees and expenses they had in trying to succeed to your minerals. Also in this case [ if I remember correctly , and I believe I do ] if they succeeded to the minerals signed a lease/received bonus and royalty, you will be bound to the lease when you get the minerals back and won't get the bonus or any royalty paid up to the point you regain your minerals. If you run into this, get a real estate lawyer fast.