[WSBARP] Recovery of Subsurface Mineral Rights

[Eric Nelsen]

For what it's worth, it sounds like the client would need a quitclaim deed from the holder of the mineral rights. I can't think of any way to apply adverse possession in this circumstance. There's a chapter in the WSBA Real Property Deskbook about mining regulations but I don't think it addresses ownership issues. Perhaps the author of that chapter would be worth seeking out?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Tuesday, January 13, 2015 9:47 AM
To: wsbarp
Subject: [WSBARP] Recovery of Subsurface Mineral Rights

Good morning WSBARP listserv,

I sent out this question on Sunday, but it must have gotten lost in the shuffle. I'm still looking for any insight I can get:

A client owns real property for which a prior owner some decades back reserved subsurface mineral rights. The client learned from a neighbor who owns property received from the common grantor that they had been successful in recovering subsurface mineral rights some years back, but the neighbor could not remember any further specifics.

Anybody have any experience with doing something similar? I'd like to help, but I'm not sure how i would begin. Any options that any more experienced attorneys might know about? Any help would be much appreciated.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110
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