Legal Question in Real Estate Law in California
Land mineral rights.
A parcel of land that I have opened escrow on has one-half of the oil, gas, and mineral rights reserved to a person on the deed that was recorded in 1930. Will this be an issue when I try to develope or sell the parcel in the future? How do I legally remove those oil, gas and mineral rights from the person?
2 Answers from Attorneys
Re: Land mineral rights.
If you obtain the mineral rights by way of a deed, you can retain the rights when you sell the property by not including the mineral rights in the deed and specifically reserving them.
Re: Land mineral rights.
As to the first part of your question, the existence of a separately-owned mineral estate may have little or no effect or importance, or a great deal of importance, depending upon whether this is an area where mineral (or oil and gas) development is likely or unlikely (i.e. are minerals likely to be present) and the type of development planned. 99% of the time it's no problem, however the owner of the mineral rights has an implied right to use the surface of the land for access for extraction purposes. So, there is a very remote possibility you might end up with an ore haul road through the middle of your golf course!
As to removal of dormant mineral rights, see sections 883.110 through 883.260 of the Civil Code (on line or at a library) for provisions of law covering actions to terminate dormant mineral rights, esp. 883.210.