[WSBARP] Recovery of Subsurface Mineral Rights

[Deborah Berg]

David,

 

First you need to find out who owns the subsurface mineral rights at this point, so you know who to approach to attempt to have them conveyed to your client.  The first place to start would be with a title search, although the current ownership may not be reflected in the real estate records.  Generally title companies won’t insure the ownership of mineral rights, and don’t like to do such searches, but start by talking to a title company in the county where the land is located.  Alternatively, you could probably search the deed records in that county, searching the grantor index looking for conveyances by your client’s grantor after the date of the deed that reserved the subsurface mineral rights.  If they conveyed or lease the mineral rights, it might show up in those deed records.  

 

If you don’t find anything in the deed records, try to track down your client’s grantor or surviving heirs.  Hopefully the mineral rights have not been leased to a mining company.  If not, you can request a deed from the current owner of the mineral rights conveying the rights to your client.  If the mineral rights have been leased to a mining company, you will need to request that the company terminate its lease or assign it to your client.  Your client may need to pay the mining company to do so.  

 

Alternatively, I suggest you use (or at least consult with) a “landman”, a person who specializes in tracing down mineral rights.  A Washington lawyer (and law school classmate) I have worked with, who has helped me and my client greatly in this regard is Ed Menteer at MainStay Consulting, LLC.  Although he is located in Brush Prairie, WA, he does work in this field in many states.  You can see what he does on his website (www.consultmainstay.com), and can reach him at 360-723-3003 or edm at consultmainstay.com.  I highly recommend him.  I am copying him on this message, in case he has any other suggestions.

 

Deborah Berg

 

 

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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