mineral right under land in Maine (Waltham: mineral rights, attorney, to buy)

[boonelsewhere]

who own mineral right under land in Maine. i remember the land we own in Florida, the deed stated who have right of mineral under land.

[Northern Maine Land Man]

On most Maine land you own the mineral rights to the center of the earth. Sometimes prior owners reserve a percentage of any discoveries. That does not give them the right to explore for minerals on or under your land. It just means if you strike it rich they get a cut. Most former International Paper land has that stipulation in the deed.

[boonelsewhere]

thanks NMLM,
our land in Waltham once own by Internation Paper but nothing on the deed about the mineral right.

Originally Posted by Northern Maine Land Man

On most Maine land you own the mineral rights to the center of the earth. Sometimes prior owners reserve a percentage of any discoveries. That does not give them the right to explore for minerals on or under your land. It just means if you strike it rich they get a cut. Most former International Paper land has that stipulation in the deed.

[Northern Maine Land Man]

boonskyler mentions:
"thanks NMLM,
our land in Waltham once own by Internation Paper but nothing on the deed about the mineral right."

Check again. If there is a place in your deed that mentions a prior book and page number and any existing covenants or similar language, pay a visit to the Registry of Deeds in your county and read that old deed. It is not Like IP to let something like that go.

[boonelsewhere]

thanks, i will look into that just for curiosity not that it will make any difference.
i would though that kind of covenants will carry on to new record deed.

Originally Posted by Northern Maine Land Man

boonskyler mentions:
"thanks NMLM,
our land in Waltham once own by Internation Paper but nothing on the deed about the mineral right."

Check again. If there is a place in your deed that mentions a prior book and page number and any existing covenants or similar language, pay a visit to the Registry of Deeds in your county and read that old deed. It is not Like IP to let something like that go.

[Eric A. Tuttle]

I would think that all conveyances, easements, Rights of Way, permissions and Prohibitions such as mineral rights etc, would need to be stated in any Deed such as Warranty or Abstract. Probably not in a Quit Claim deed, however in such type of deed it would be up to the receiver of such to refer back to the last deed of record. I would file a mineral rights claim upon my land, and if the time should come, it would be up to others to bare proof of claim to rights. My friend from North Dakota, due to the new fracking and oils discovery within the state, had to re-file her claims, passed on by her father as did her brother and attorney. Also she had to file that her childeren were to inherit such mineral rights so they would not pass on to the oil companies in the event of her death and they purchased the land. Unless done, the rights die with the owner and pass to the new owner. (on this premise I feel that unless specified in the deed to a new owner the rights go to the new owner ( as a company usually does not die) and they neglected to reserve those rights or other conveyances, ROW, easments etc). However I am not a lawyer, and corporations seem to be able to buy their rights to justice.

[slyfox2]

Originally Posted by Northern Maine Land Man

On most Maine land you own the mineral rights to the center of the earth. Sometimes prior owners reserve a percentage of any discoveries. That does not give them the right to explore for minerals on or under your land. It just means if you strike it rich they get a cut. Most former International Paper land has that stipulation in the deed.

I had a piece of property that was like that it western maryland, but it was only for the original owners after the lumber companies striped it in the 1960's. But the time I purchased it, we were not sure where he's moved. We were unable to locate him after an extensive search of people in the area, and believe that he was finally located in a permanent underground dwelling nearby where we sold the property.