How to Retain Mineral Rights For Louisiana Property Deeds

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In Louisiana, landowners can own the rights to the minerals found on their property, and may either sell those mineral rights or retain them. Mineral rights allow the owner to gain a profit from the sale of natural resources, such as coal, oil, natural gas and metals. In Louisiana, this can be especially important due to the large natural gas deposits located in northwest Louisiana. Obtaining mineral rights may offer long-term financial benefits.

Obtain a copy of the deed for the land at the local Louisiana courthouse in the same county as the property. (See Resources for a list of Louisiana courthouses.) Go to the register of deed’s office and provide the clerk with your name and property address.

Review the deed. Make sure the description matches your land in Louisiana. Read the deed and make sure the mineral rights are included in the deed. If there is no mention of mineral rights, a search must be performed to make sure they were not excluded in a previous deed.

When selling the property, exclude the mineral rights in writing on the purchase agreement for your property. Louisiana state law requires you to specify that you are retaining the rights when selling the property. Otherwise, they revert to the purchaser.

Contact the attorney preparing the new deed for the sale of the property. In Louisiana, you have the right to sell the property and retain mineral rights. However, it must be in writing and excluded on the deed. Also, the new owner must sign an agreement stating that he is aware that he is not buying mineral rights.

Review the new deed before signing it. Make sure the mineral rights are excluded from the sale of the property. Louisiana state law requires that deeds be recorded to provide proof of land ownership. Therefore, you no longer own the property after the new deed is recorded.

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