How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37808
Experience:  Retired (mostly)
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

What is a servitude of passage and how does it affect mine

Customer Question

What is a "servitude of passage" and how does it affect mineral ownership?
Submitted: 8 years ago.
Category: Legal
Expert:  socrateaser replied 8 years ago.

Louisiana law provides for a right to enter land and extract minerals, separate from traditional land ownership. A "servitude of passage" is simply Louisiana legal language for any easement that permits the entry on or passage over the land of another. And, if such an easement is accompanied by the right to extract minerals, then a "mineral servitude is created -- said servitude to revert to the property owner if not used by the holder within 10 years.



Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 8 years ago.



Although I am not exactly sure of the definition of servitude of passage and how it affects mineral ownership, your answer basically outlines the same information I had written in

"What Else Have I Tried". I do know after 30+ years of working in the O&G business in Louisiana a servitude does not expire in 10 years if it is not used unless said servitude has a specific term of 10 years or specific terms of the agreement has not been met. Also, I needed to know how, if at all, a "servitude of passage" affected mineral ownership all the other States, i.e. Texas, New Mexico, California, Washington, etc. Thank you for trying to help me. I will research other avenues. Once again, thanks.

Expert:  socrateaser replied 8 years ago.

The "Already tried" section of your question did not appear until long after I had already answered you. This is a defect in the system that the management has declined to remedy for reasons which remain unknown.


As for your second question, which you asked concommitant to your explaining that you don't want an answer, I couldn't answer it until you asked, and now, as you don't want the answer, I will simply do as you request and wish you good luck in your search -- for whatever it is you seek.




Customer: replied 8 years ago.

Dear Just Answer.Legal:


I did not and will not accept the answer given by your Lawyer, although I do appreciate his attempt to answer my question; HOWEVER, he not only did not answer my question the answer he did give me was inaccurate.


Therefore, I would like to know why you have debited my account for funds under the terms I agreed to - those terms HAVE NOT BEEN MET! Unfortunately, before discovering that the terms of our agreement had been broken I had told quite a few people about my great find in your site - even though I did not recive the correct answer. WOW, what a mistake, and to make it worse, I log on tonight and it shows I have an outstanding balance of $30.00. Not only do I except an immediate reply, I also expect a refund of my monies. I truly believed I was dealing with ethical people - please don't pertupate all the old lawyer jokes when I have worked with them and defened them for years.