Question for Oil and GAS Peeps, if you loose you Property in a tax sale in 1890 in PA do u lose mineral rights?

The mineral rights back in 1890 should be taxed separately, so if you didn't pay your surface right taxes, but paid your mineral taxes you should retain mineral rights...the laws in 1850-1890 in PA.APPLY.

3 Answers

  • 10 years ago
    Favorite Answer

    ok.. lets examine the concept of a mineral right.

    It is the right to the value of any minerals located on the land of another. THis MAY include the right to collect that mineral but not specifically.

    So it is, in effect, a type of easement. (The right of one over the land of another). The SALE of the property does not extinguish easements UNLESS the property is escheated to the State (failure to pay taxes). That, typically, wipes the slate clean unless the rights existed BEFORE the state did . Don't laugh, here in California we have Rancho Land Grants which were given by the King of Spain.. I expect the Dutch may have done something or two in Penn. also.

    hold that thought a second.

    So.. you own the land.. and with no other encumberments or easments, can you separate and grant yourself the minieral rights?.. NO. Because you already OWN the mineral rights and one can not grant themselves an easment.

    So.. you sell the property? You can keep the mineral rights as a function of the sale (the new owner grants them back to you).. NOW you have them.

    BUT.. your question, implies that the property was taken as the result of a tax lien and not sold. It does not assert that the mineral rights were already in place. So. if that is the case, no. when the land was lost so were the mineral rights. Paying taxes does not imply ownership... (I can pay YOUR taxes today but that does not mean that I own your property)

    Lastly, the amount of time that has passed would likely preclude any action to recover. Most courts expect that agrieved parties will assert their rights within a reasonable period once the facts become known.

    This appears to have been a public action and any contest or claim would have had to have occured within a few years but definately not 120+ years later. The court will generally not allow innocent third parties to suffer because of the oversight of someone who has been dead for a century.

    .Even back then, common sense was applied in the law. (actually more so)

  • 10 years ago

    If you gain good grammer, you can ask the question even better. "If you lost (past tense) your (with an 'R') property (with a lower case 'P'), did (past tense) you lose THE mineral rights, AS WELL" is the question. The answer is yes, you did loose the mineral rights the moment you lost the property. But, nobody who lived in 1890 is alive now, so why the question? Also, I think the oil and gas COMPANIES, not peeps, would have been able to pay the property tax, so the question is moot.

  • tro
    Lv 7
    10 years ago

    you would probably have to research the laws in PA on mineral rights

    the property owner is not always the owner of those rights, I know that I am not on property I own in Calif., that was clearly stated in the original papers when we bought the property, the state retains the mineral rights here

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