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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7113
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I sold my mother's house about 15 years ago. It had mineral

Customer Question

I sold my mother's house about 15 years ago. It had mineral rights attached. When I sold it the attorney told me that the mineral rights always stayed separate unless otherwise specified. Now they are trying to tell me, I never should have received the mineral royalties because I didn't specifythat I retained the rights in the property sale.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Oklahoma - time of sale was about 1999
JA: Has anything been filed or reported?
Customer: Not since the sale, I have received the mineral rights since the time of sale
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything
Submitted: 23 days ago.
Category: Estate Law
Expert:  LegalGems replied 23 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 23 days ago.
ok, thanks I am here
Customer: replied 23 days ago.
I prefer to do chat
Expert:  LegalGems replied 23 days ago.

It depends on the deed as to what was actually conveyed; normally in OK the mineral rights are usually severed from the surface rights, but one would need to view the deed to the property to see what was transferred at the time of sale.

It is possible, even if the mineral rights were transferred, to claim adverse possession. The elements are: actual, open, notorious, exclusive, hostile, and continuous possession or the property interest for a period of 15 years.

Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned 5 stars 🌟🌟🌟🌟🌟*****as I strive to provide my customers with great service. ☺️ (no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Customer: replied 23 days ago.
It has been over 15 years, almost 17 years since the time of sale, like a said, the deed never had any mention of mineral rights at all. What do you think this means?
Customer: replied 23 days ago.
The deed didn't sever mineral rights, but it didn't retain them either.
Customer: replied 23 days ago.
are you there
Expert:  LegalGems replied 23 days ago.

It would depend if there was a mineral deed issued on the property, as that can pass separately; one would need to go to the county recorder's office and look at the chain of title. If there is no mineral deed, then generally the mineral rights transfer with the general deed.

Customer: replied 23 days ago.
Well, this doesn't sound like good news. My attorney told me at the time of sale that if there wasn't a mineral deed, that the mineral rights were automatically retained.
Customer: replied 23 days ago.
Wait, wouldn't we have gotten a mineral deed, when we started getting the royalties. I received royalties for about 40 years
Expert:  LegalGems replied 23 days ago.

Under that theory, that would mean that the very original owner of the property would retain the mineral rights, and so that person's heirs would be entitled to the rights.

There is the adverse possession approach, also. I would urge you to get an experienced real estate attorney to handle that claim.

Expert:  LegalGems replied 23 days ago.

Yes, if royalties were received, that means that there is a deed referencing who is entitled to the royalties.

Customer: replied 23 days ago.
that was exactly what I was told at the time of sale. I have a form with me right now which states we are the mineral owners. I am looking to see if it is called a deed.
Customer: replied 23 days ago.
If it does say deed, wouldn't that automatically sever the mineral rights like I was told at the time of sale. I was already receiving mineral royalties at the time of sale.
Expert:  LegalGems replied 23 days ago.

Yes, if there is a deed, that governs the mineral rights. It should have been discovered when the buyer did a title search.

Customer: replied 23 days ago.
Right, so they just assumed that the mineral deed severed the mineral rights and didn't need to mention it in the sale of the house deed. This always concerned me. Thank you so much I believe I have my answer.
Expert:  LegalGems replied 23 days ago.

You are most welcome! glad to have helped. Thank you and take care.

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