What is a Mineral Deed and when is it voided?
Full Question:
Answer:
Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. In order to establish adverse possession, the possession must be actual, open, continuous, hostile, exclusive, and be accompanied by an intent to hold adversely and in derogation of, and not in conformity with, the right of the true owner.
Mineral estates, may be adversely possessed by various statutes of limitations. However, for that to occur, there typically must be actual possession of the minerals in place, or if the land is vacant and unoccupied, taxes must be paid under color of title for 7 successive years. In the case of oil and gas, actual possession means there must be drilling and production. When production of hydrocarbons ceases, lessors must sue within the statutory period to recover real property held by others in peaceable and adverse possession. Title to minerals beneath the surface is not lost by nonuse nor by adverse occupancy of surface owner under the same claim of title, and the adverse possession statute can only be set in motion by an adverse use of mineral rights, persisted in and continued for the statutory period.
The resolution of the title will be a matter for the court to determine, based on all the facts and circumstances in the case. I suggest you contact a local attorney who can review all the facts and documents involved.
The following is an Arkansas statue:
18-11-106. Adverse possession.
(a) To establish adverse possession of real property, the person and
those under whom the person claims must have actual or constructive
possession of the real property being claimed and have either:
(1)(A) Held color of title to the real property for a period of at
least seven (7) years and during that time paid ad valorem taxes on the
real property.
(B) For purposes of this subdivision (a)(1), color of title may be
established by the person claiming adversely to the true owner by paying
the ad valorem taxes for a period of at least seven (7) years for
unimproved and unenclosed land or fifteen (15) years for wild and
unimproved land, provided the true owner has not also paid the ad valorem
taxes or made a bona fide good faith effort to pay the ad valorem taxes
which were misapplied by the state and local taxing authority; or
(2) Held color of title to real property contiguous to the real
property being claimed by adverse possession for a period of at least
seven (7) years and during that time paid ad valorem taxes on the
contiguous real property to which the person has color of title.
(b)(1) The requirements of subsection (a) of this section with regard
to payment of ad valorem taxes shall not apply to a person or entity
exempt from the payment of ad valorem taxes by law.
(2) For the person or entity exempt from the payment of ad valorem
taxes to establish adverse possession of real property, the person or
entity must have:
(A) Actual or constructive possession of the real property being
claimed and held color of title to the real property for a period of at
least seven (7) years; or
(B) Actual or constructive possession of the real property being
claimed and held color of title to the real property contiguous to the
real property being claimed by adverse possession for a period of at
least seven (7) years.
(c) The requirements of this section are in addition to all other
requirements for establishing adverse possession.
(d)(1) This section shall not repeal any requirement under existing
case law for establishing adverse possession but shall be supplemental to
existing case law.
(2) This section shall not diminish the presumption of possession of
unimproved and unenclosed land created under § 18-11-102 by payment of
taxes for seven (7) years under color of title or the presumption of
color of title on wild and unimproved land created under § 18-11-103 by
payment of taxes for fifteen (15) consecutive years.