Louisiana Subordination by Mineral Owners of Rights to Make Use of the Surface Estate - Transfer
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Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.
Transfers fall under Articles 11 and 22, Louisiana Mineral Code. To transfer such rights, the new owner has to acquire a copy of the deed for the site at a local courthouse in Louisiana in the same county as the property.
Whether mineral rights transfer with the property depends on the estate type. If it's a severed estate, surface rights and mineral rights are separate and do not transfer together. However, if it's a unified estate, the land and the mineral rights can be conveyed with the property.
Minerals include gold, silver, coal, oil, and gas. If you want to transfer the rights to these minerals to another party, you can do so in a variety of ways: by deed, will, or lease. Before you transfer mineral rights, you should confirm that you own the rights that you seek to transfer.
Selling means that you can receive a large cash payment upfront, regardless of minerals found on your land. A company who leases your land may deplete the mineral supply substantially before returning the land back to you. Selling reduces overall risk of handling mineral rights.
A property owner with mineral rights may explore, extract, and sell natural deposits found underneath the land surface. But surface rights only refer to exclusive rights to all physical property on the land.
In Louisiana for example, if you sell land, you may retain ownership of the minerals beneath it for a period of 10 years and one day at which time you must transfer such mineral rights to the current owner of that tract of land, but only if that owner has retained the land for the same period of time.