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IS A FAMILY MEMBER STILL AN HEIR AFTER SELLING ALL OF HER INTEREST IN HEIR PROPERTY. THIS IS RE: OIL GAS MINERAL LEASES. PROPOS

New York, NY |

Property located in La. family sold her undivided interest in heir property many years ago. She claims she still have some interest in the property . She shared an interest with other siblings. If she sold her undivided interest , can she still claim mineral rights in an oil gas mineral lease offer.

Family member says she still have mineral rights in property she sold many years ago. Property has since been sold again to another party. She claims she still have some interest in property when deed describes sale and states she sold her undivided interest. Can she still have an interest as we are about to sign a gas oil mineral lease? Property located in Loyuisiana.

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Attorney answers 3

Posted

OIl and gas leasing law is a very specialized area of practice and the laws vary from state to state. Moreover, any lawyer who would advise you would require very specific information, including documents if they are available. I see you are in NY. It's going to be a lot easier to find a lawyer knowledgeable in the field in LA.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Posted

It is possible to sell real estate without selling the mineral rights.
The title would need to researched before you will receive an accurate answer.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Posted

Hire an oil & gas lawyer in Louisiana, preferably in the town where the property is located. It is definitely possible to sell the surface rights to a parcel of land and still have a remaining interest in the mineral rights of the sub-surface property.

R.J. Alexander's answer to a legal question on Avvo does not establish an attorney-client relationship. Feel free to call his office at 832.316.3504 to make an appointment (phones are answered 24 hours) or visit his website at www.rjalexanderlaw.com for more information about his services and recent victories.

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