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my husbands father deeded property to him and his brother but kept the timber and mineral rights. he has now cut all the timber and is hoping to strike oil on the property. do we have any way to get our timber and mineral rights from him? we live in alabama.
State/Country of Question: Alabama Already Tried: have tried asking local lawyers but have not gotten any where. i need to know if we can get ou timber rights and mineral rights back or shoukd we sell him baqck the property? thanks
Good morning,I'm sorry to hear of your dilemma.If your father-in-law deeded the property to your husband and his brother, but retained the timber and mineral rights to himself--that means that those rights belong to him alone.You can not legally force him to give up those rights. You you could offer to buy them though.I wish you well.
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what about the mineral rights, we have been told due to his age that the oil companies will only deal with the land owner on record is this true or is it the same as the timber rights and we really can't do anything with this property but pay the taxes on it?
Good morning,While the oil companies may not be willing to work with him because of his age, and only deal with the land owner, unless and until you, the land owner, obtain the legal mineral rights to the property, you can not enter into any sort of agreement regarding the extraction of the minerals from under the property.I wish you well.
what can we do for financial gain with the property? all the property is either plantation pines or natural timber growth. Do I have to have my brothers permission on anything we do with the property and vice versa? can I deed or sell my half or a portion of my half of the property? can i lease the property to hunters or to campers ?
Good morning,Presuming that the property was deeded to the two brothers as tenants in common--or some other type of joint interest, an agreement will need to be reached between the two regarding use of the land, profit of from the land as well.Personal use for hunting is fine. Charging others to hunt on the property may bring up a demand to split the profit by the one uninvolved brother. However, if the brothers can come up with a use of the land that does not interfere with the timber or property rights of dad, then the sky is the limit on what you can do. Any profit you make from the property is subject to a claim by the other brother. You may sell your interest in the property. However, the other brother may be entitled to buy it before you can sell it to another person. Either of the brothers can file a partition action seeking to have the property either divided or sold and the funds distributed between them.I wish you well.