What Happens To Unclaimed Mineral Rights & Royalty in Louisiana?

General Mineral Rights Discussion
1

My mother told me several times during her lifetime that my paternal gggrandfather ran away to join the Civil War and never returned home to Louisiana to claim his inheritance. If this story is true and he inherited land with mineral rights, would his heirs still have a claim to the land/minerals? What would happen to any royalty attributable to production on his share of the minerals? Does it eventually escheat to the State of Louisiana if not claimed within a certain amount of time? Thanks.

2

I could not conceive of a situation where the heirs could make a valid claim. The laws of adverse possession surely have tolled his interest years ago. Although it is difficult to adversely possess against a co-tenant, it is not impossible.

3

Thanks Buddy. I am sure that someone in the family claimed his share and as you said, “adversely possessed” the property. What made me think of it was people writing in and saying they had been contacted by oil companies and being told they own minerals they didn’t know they owned. Of course, not that many years have passed in their case. I guess I was just wishful thinking.

Buddy Cotten said:

I could not conceive of a situation where the heirs could make a valid claim. The laws of adverse possession surely have tolled his interest years ago. Although it is difficult to adversely possess against a co-tenant, it is not impossible.

Best,

4

More than that, if minerals were severed, there is a prescription period in Louisiana and at the termination of prescription, they revert to the surface owner. Not so in Texas.

6th Generation Texan said:

Thanks Buddy. I am sure that someone in the family claimed his share and as you said, "adversely possessed" the property. What made me think of it was people writing in and saying they had been contacted by oil companies and being told they own minerals they didn't know they owned. Of course, not that many years have passed in their case. I guess I was just wishful thinking.

Buddy Cotten said:

I could not conceive of a situation where the heirs could make a valid claim. The laws of adverse possession surely have tolled his interest years ago. Although it is difficult to adversely possess against a co-tenant, it is not impossible.

Best,