i own property in new york state. my warranty deed does not contain mineral rights. The people who sold me the property have leased mineral rights in the past. however their warrenty deed also does not contain mineral rights. I have researched all prior deeds associated with my property and have not found any mineral rights clauses. if in fact they also do not legally own the mineral rights that they have been leasing, is there a way for me to obtain the mineral rights if the original owner of the rights can not be found or the mineral rights were never specified for my property in any deed?
State/Country relating to question: New York
The mineral rights are included in your Freehold estate unless excepted by the deed. If they had previously leased out the mineral rights then the lease would be part of your estate unless excluded. You could sue them for breach of their Warranty deed.
What does freehold estate mean. Does that mean that i can lease mineral rights to a gas company even if the mineral rights are not specified in my deed or the previous owner's deed.
Yes, you would own the mineral rights unless they were excluded in your deed.
Over 25 years of legal experience.
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