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My husband and I are looking to purchase a hundred acre property in Western NY. The current owner says the original owner is receiving payment for gas mineral rights associated with the 100 acre property but he believes they belong to him and the 100 acre property he is selling. the original owner is still living but apparently does not have any family. If she passes away do the mineral right die with her? This is a big investment and we are just wanting to know if there is a chance we would ever be able to retrieve those rights. Does anyone have a recommendation on what we should do to verify this? I did check with an attorney who said the rights stay with the original owner but i wanted to look into this further as i'm not sure that attorney has mineral rights experience.

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  • Why wouldn't you buy the rights with the land?
    – Hart CO
    Jun 22, 2020 at 15:15
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    @Hart CO: Because the owner of the mineral rights doesn't want to sell? It's more of a question for the Law site, but (at least in my state) various types of rights like mineral & water rights are considered property separate from the land itself.
    – jamesqf
    Jun 22, 2020 at 16:05
  • @jamesqf Yeah, that's true in many if not most states.
    – Hart CO
    Jun 22, 2020 at 16:13

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I have no mineral rights experience but after skimming the Wikipedia article, it appears that you're describing a severed/split estate.

Without knowing the local laws of where you're looking to buy, it seems reasonable that the mineral rights would be part of the owners estate and will be passed on to their heirs.

To get more clarity in this specific situation, you would need to consult an attorney and look into the applicable property rights.

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My suggestion is this:Ask the current seller to produce the document that vests with the owner the right to receive 'payment for gas mineral rights'. The seller can not say she does not have. A careful study of the document that has granted the right of payment to the owner, will help you understand the right to receive payment for mineral rights. If such a document is not helpful, then Laws relating to 'transfer of property of ownership relating to land' in the specific jurisdiction need be studied. This would be the 'due diligence' you need to follow..

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