[WSBARP] Recovery of Subsurface Mineral Rights

[Deborah Berg]

David,

 

Just a couple of additional comments:

·         Remember that a quitclaim deed only conveys whatever interest the grantor has, which may be none.  If you end up only being able to get a quitclaim deed, you will want to have done the research to be pretty sure that the grantor in fact holds the subsurface mineral rights.  You will want to work with your client’s title company to make sure that the conveyance is handled in a manner that it will be willing to insure your client’s fee interest in the land free and clear of the mineral interest reservation.

·         RCW 78.22 can be very helpful in the right circumstances, but it can be difficult to demonstrate that the mineral right has not been used.

 

Good luck,

 

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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