Legal Question in Real Estate Law in Alabama

Hello ,

My father sold 48 acres in Alabama 3 years ago. The real estate agent informed him that the original owner had ownership of the mineral rights , this was to make a quick and easy sale for her benefit. Now an oil company has found a large amount of oil on the property. My Aunt owns 6 acres neighboring the 48 my father sold. When she inquired of who owns the mineal rights to the 48 acres, the oil company said they belong to the new owner, and that my father had previously owned the rights. He was mislead into believing that he never owned them to begin with , when in fact he did . If he know he surely would have kept them because the area has been long suspected for being an oil strike. What can he do? Is the deception a breach of contract? Can he reclaim his rights or at least a portion of them?


Asked on 4/07/10, 9:24 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

The question is "what is on the deed". If your father signed a deed which reserved the mineral rights, they did not pass to him. Get an attorney to review the deeds for you and tell you what your options are.

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Answered on 4/13/10, 6:16 am


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