[WSBARP] Recovery of Subsurface Mineral Rights

[David Faber]

Jennifer,

Thank you for responding to my email to the WSBARP listserv regarding
subsurface mineral rights a couple weeks back. I am still exploring options
under RCW 78.22 and I am wondering if I might pick your brain for a minute
because I have some persistent questions. RCW 78.22.050 specifies that the
procedures for extinguishing unused mineral rights are as follows:

(a) Serve the Notice of Intention to File a Claim of Abandonment and
Extinguishment of Mineral Interest on the owner of subsurface mineral
rights either via personal service or publication, provided personal
service is not possible; and

(b) File a copy of the Notice and an Affidavit proving service with the
county Auditor.

Then, RCW 78.22.060 further states that if the above are filed with the
County Auditor *along with* the Claim of Abandonment and Extinguishment,
then the unused mineral rights will be considered extinguished.

My questions are as follows:

(1) The statute is oddly silent with regard to exactly what this Claim of
Abandonment is. Have you dealt with RCW 78.22 before and, if so, what does
this Claim of Abandonment entail? Is it to be filed with Superior Court or,
in your understanding, does this only need to be filed with the Auditor?

(2) If you have gone through the process under RCW 78.22, do you have a
copy of a Claim of Abandonment from which I could crib? I am assuming that
the Claim would only need to attest to the contents of the statute but,
again, RCW 78.22 leaves a lot of detail out regarding the Claim of
Abandonment.

Thank you again.

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

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On Tue, Jan 13, 2015 at 9:54 AM, Jennifer Johnson <jmhanigan at cni.net> wrote:

>  Hi David,
>
> You can either get a deed from the prior owner or use RCW 78.22 to
> extinguish the rights.  That is all I’m aware of short of a quiet title
> action.
>
> Thanks,
>
> Jennifer
>
> Jennifer M. Johnson | Attorney
> Hanigan Law Office, P.S.
> P.O. Box 39 / 68 Main Street
> Cathlamet, WA 98612
> (360) 795-3494
>
>
>
>
>
>
>
> On 1/13/15 9:46 AM, "David Faber" <david at faberfeinson.com> wrote:
>
> 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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