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If there are four heirs to a large piece of property can three of them force a sale of the property and if so what happens to the mineral rights belonging to one of the heirs?
Wiki User
∙ 17y ago
By Canadian Law generally the majority of heirs that agree over-rides the others as far as the selling of any property, but, the others who do not want to sell can seek legal counsel and you have a face-off in court. This can take many years to settle so normally most people come to an amicable agreement rather than wait for any monies due them. * In the US the owners wishing to sell the property would need to file suit against the reluctant owner to have the property partitioned so that each person would be allocated their share and would then be able to sell it. In some states the court can order a forced sale of the property regardless of whether all owners are agreeable or not.
Wiki User
∙ 17y ago
Wiki User
∙ 8y agoThe three people wishing to sell the property must petition a court of equity to allow a partition of the property. The court will appoint a commissioner to sell the property and divide the net proceeds among the four legal owners. If all four have an equal interest that includes the mineral rights then all rights will be sold including the fee and the mineral rights.
If you have further questions about retaining mineral rights you should seek the advice of an attorney who specializes in probate and real estate law.
Wiki User
∙ 8y agoMineral rights are separate from the property rights. Three of them can force the sale of the property. They cannot force the sale of the mineral rights.
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What happens to life estate in the mineral rights at that person's death?
The life estate expires when the life estate owner does and the mineral rights revert to the property owners in fee.
Who has lumber rights in the land the property owner or the owner of the mineral rights?
The property owner.
In West Virginia does the owner of a property's mineral right have to notify the property owner before he sales them?
If the mineral rights have been severed from the property and the owner of the mineral rights does not own the property then there is no need to notify the property owner. It's possible to own the mineral rights and not own the property. That would be called the "mineral estate". The owner of the property if different than the mineral owner would be the owner of the "property estate". Being the "mineral estate" owner gives you the same rights as being a "property owner". You can do as you wish with your mineral interests. Only time there is a need to notify the property owner is if any leasing will be going on. Hope this helps.
How do you fin dout if you have mineral rights to your land?
Read the deed to the property. Unless mineral rights are excluded, you have them.
How much are my mineral rights worth?
There are many different factors that will affect the value of your mineral rights. All of these factors will play a role in determining the value of mineral rights. Here are just a few of the factors that will affect mineral rights value:State & CountyLocation within the CountyWhether the property is producing royaltiesWhether the property is leasedOil and Gas PricesSurrounding ProductionLease TermsMineral Rights BuyersThe truth is that it's extremely difficult to determine the exact value of mineral rights until they are put up for sale. When you sell mineral rights and get the property in front of a large audience of buyers, it allows the market to determine the true value of your property. For additional information regarding the value of mineral rights, please visit uniroyalties.com
Can property owner refuse drilling on property for minerals?
If you own the mineral rights then yea
What is a mining claim?
It is a claim for the mineral rights on a price of property, regardless of who owns the rest of the rights. Sometimes the mineral rights are the most valuable rights and in other cases they are worthless.
Does a quitclaim deed give up mineral rights in a Louisiana property?
Yes, you are giving up any claim. In Louisiana, you MUST state a mineral reservation or it does not exist.It is possible to reserve the mineral rights when using a quitclaim deed to convey property, but you must expressively reserve the mineral rights in the conveying deed.louisiana.ning.com
If I own the mineral rights on my property do I own the oil and gas?
Yes
If mineral rights are not passed on in deed what happens to them?
Unless it is stated in the deed that the mineral rights are reserved in some manner then any mineral rights not previously reserved pass to the grantee. If you have any questions about mineral rights or you have mineral rights for sale please contact me and I will be glad to help. I have been a buyer of minerals or mineral rights for many years. See my bio page.
Are mineral rights considered real property?
Minerals in the ground are treated as real property, but, after removed from the land, they become personal property
Does one keep their mineral rights after selling their home?
An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.
