Louisiana Surface vs. Mineral

My husband owns Surface and Mineral rights in Louisiana - passed down by his grandmother. He and his brother have 1/2 shares of 47 acres. 

I know, from working in Oil & Gas as ADMIN only - that some states, you sign a lease for mineral and you can sign a separate agreement for surface IF they plan to use your land for drilling. 

Now, it has been producing for years - the derrick is on the neighbor land, however runs under my husbands.... 

My husband is going to sell the land AND the mineral rights; would he need to sell the surface as a separate price or once he sells the land and mineral rights, does the surface become all inclusive in the deal? 

Thank you so much for any guidance 

Rhonda Odom

rodom0608@comcast.net

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Permalink Reply by Two Dogs, Pirate on April 25, 2016 at 8:44

You can sell the surface and reserve the minerals. The mineral reservation will last for 10 years without production. The reservation will last as long as you have production and when production stops then the ten year time clock starts to run. The wording of the mineral reservation is very important, so you would need an attorney with experience in minerals in Louisiana to draw up the paperwork for the sale. Minerals can be sold separately from the surface.

Permalink Reply by Rhonda Odom on April 25, 2016 at 8:49

Thank you so very much!!! 

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