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Good Faith For Interrupting Prescription of Mineral Servitudes

Posted in Louisiana Mineral Code, Mineral Code, Oil and Gas Operations

In Louisiana, the owner of a mineral servitude is under no obligation to exercise it.  However, a mineral servitude will prescribe from ten years of nonuse.  To interrupt the running of prescription, the owner of a mineral servitude may undertake “good faith operations for the discovery and production of minerals.”  Article 29 of the Mineral… Continue Reading

Recent Developments on Interrupting Prescription of Non-Use of a Mineral Servitude

Posted in Mineral Code

With the Louisiana Second Circuit’s recent opinion in Smith v. Andrews, it seems a good time to revisit the law on interruption of prescription of non-use of mineral servitudes.  In Smith, the landowners attempted a full-frontal, but ultimately unsuccessful assault to have the court rule that a mineral servitude burdening their land had prescribed for… Continue Reading

Interpretation of Depth Limitation Clauses in Mineral Transfers

Posted in Mineral Code

Ambiguous or conflicting property descriptions in conveyance instruments have been around as long as property conveyances have been made. With the radical increase in recent years of mineral production at deeper and deeper depths, the need for carefully describing what depths are being conveyed or reserved has become all the more important.  A lackadaisical attitude… Continue Reading

Say What You Mean, and Mean What You Say – A Review of Recent Decisions Interpreting Mineral Reservations Under Louisiana Mineral Code Article 74

Posted in Mineral Code, News

The Louisiana Second Circuit Court of Appeal has recently issued two important decisions addressing whether certain mineral reservation language created a fixed term or instead simply restated the customary ten-year prescriptive period for these mineral rights.  Both cases emphasize why special, carefully drafted language is needed to create a mineral reservation with a fixed, non-extendable… Continue Reading