# Unleased cemetery in pool texas
**URL:** https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455
**Category:** Law & Legal
**Created:** [August 28, 2014, 7:42pm UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455 "2014-08-28T19:42:37Z")
**Posts on this page:** 11
**Page:** 1
### Author:  [@nancy\_peterson](https://www.mineralrightsforum.com/u/nancy_peterson)
#### Post date: [August 28, 2014, 7:42pm UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/1 "2014-08-28T19:42:37Z")
What would be a guess outcome, if there are 6 wells that have been going for 2 years in a pool, an old family cemetery was unleased, but was included in the pool, now they want to lease the unleased tract. The deed says the 1 acre cemetery was for the heirs and descendants for burial purposes. Would all the heirs be the mineral right owners, or royalty owners or both? The land around the cemetery was sold, but the deed made that reservation. This is in Texas.
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### Author:  [@Buddy\_Cotten](https://www.mineralrightsforum.com/u/Buddy_Cotten)
#### Post date: [August 29, 2014, 8:46am UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/2 "2014-08-29T08:46:21Z")
Without seeing any language, nobody can make a true determination. However, there is such a thing as an easement for burial. You may not have a claim.
Buddy Cotten
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### Author:  [@nancy\_peterson](https://www.mineralrightsforum.com/u/nancy_peterson)
#### Post date: [August 29, 2014, 12:21pm UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/3 "2014-08-29T12:21:41Z")
For and is consideration of the sum of one dollar paid by the heirs of the deceased and the further consideration of the desire on my part to set aside a burial ground or family graveyard that may be used by all the descendants for the said deceased have granted sold and conveyed and by those presents grant sold and convey unto said heirs and descendants of the said deceased for burial purposes only all that contain tract or parcel of land as follows to wit, being one acre of said survey to be taken in a square in the northeast corner of said survey, and do hereby bind my heirs to warrant and forever defend all heirs and descendants of said deceased date December 1901.
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### Author:  [@nancy\_peterson](https://www.mineralrightsforum.com/u/nancy_peterson)
#### Post date: [August 29, 2014, 6:15pm UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/4 "2014-08-29T18:15:45Z")
the previous post is some of the wording from the deed
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### Author:  [@nancy\_peterson](https://www.mineralrightsforum.com/u/nancy_peterson)
#### Post date: [August 30, 2014, 12:32am UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/5 "2014-08-30T00:32:43Z")
Buddy Cotton, I can also look for the latest deed that shows the reservation for the cemetery. Is this the language you were talking about? The oil company said they sent the info over to their legal dept.
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### Author:  [@nancy\_peterson](https://www.mineralrightsforum.com/u/nancy_peterson)
#### Post date: [September 2, 2014, 5:49pm UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/6 "2014-09-02T17:49:19Z")
I added another post of some language from the deed, is that what you were discussing? I was wanting to have an idea, in case they call me.
Buddy Cotten said:
Without seeing any language, nobody can make a true determination. However, there is such a thing as an easement for burial. You may not have a claim.
[Buddy Cotten](https://flipboard.com/section/the-morning-report-bXBz7L) Mineral Manager
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### Author:  [@Kitchen](https://www.mineralrightsforum.com/u/Kitchen)
#### Post date: [September 9, 2014, 4:29pm UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/7 "2014-09-09T16:29:45Z")
[http://www.oilandgaslawdigest.com/landtitle/horizontal-drilling-under-a-cemetery/](http://www.oilandgaslawdigest.com/landtitle/horizontal-drilling-under-a-cemetery/)
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### Author:  [@nancy\_peterson](https://www.mineralrightsforum.com/u/nancy_peterson)
#### Post date: [September 9, 2014, 8:22pm UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/8 "2014-09-09T20:22:37Z")
Thank you for the info, now for an update, an attorney did call and is in the process of contacting all the heirs of the private
1 acre cemetery, she said we all are entitled to surface rights, mineral rights, and royalties, do you know if that is correct? The pool is 700 acres and there are 6 wells producing for 2 years. Should the heirs be paying County taxes for the land, or are cemeteries exempt? Thank goodness the wells are not close to the cemetery.
Kitchen said:
> **[Producer's Edge](https://producersedge.law)**
>
> Texas Oil and Gas Law Bulletin by McGinnis Lochridge
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### Author:  [@nancy\_peterson](https://www.mineralrightsforum.com/u/nancy_peterson)
#### Post date: [September 11, 2014, 1:34am UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/9 "2014-09-11T01:34:53Z")
Thank you for the info, now for an update a deed research attorney called me and said all the heirs are entitled to surface rights, mineral rights and royalties for the unleased 1 acre in the pool of 700 acres, there are currently 6 wells producing for 2 years she is in the process of locating all the heirs for the oil company, are we entitled to all 3, I guess she knows, for sure, I guess the lease would start now not 2 years ago?
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### Author:  [@wade\_caldwell](https://www.mineralrightsforum.com/u/wade_caldwell)
#### Post date: [September 11, 2014, 11:41am UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/10 "2014-09-11T11:41:42Z")
Nancy, Form a Cemetery Association, and let them sign the lease. The heirs will have to sign off, and you will have to pick a manager. Great way to pay for upkeep costs at the cemetery. With just 1 acre, none of these heirs should be thinking they are passing up a windfall by doing this.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 15, 2018, 12:21am UTC](https://www.mineralrightsforum.com/t/unleased-cemetery-in-pool-texas/9455/11 "2018-08-15T00:21:57Z")