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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39043
Experience:  Retired (mostly)
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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.



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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:


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