Who Owns the Minerals Under Your Louisiana Land? A Landman Explains | RE: Real Estate Podcast

Who Owns the Minerals Under Your Louisiana Land? A Landman Explains | RE: Real Estate Podcast


 


Episode Number


102


Content Type

Interview


Primary Goal

Know whether you likely own the minerals under a Louisiana property and when mineral rights should factor into a purchase, sale or inheritance.


Keywords

louisiana mineral rights, mineral servitude, 10-year prescription, landman, surface rights vs mineral rights, oil and gas lease, royalty interest, working interest, overriding royalty, usufruct, inherited land louisiana, undivided interest, smackover lithium, south louisiana real estate, houma thibodaux


Summary

Lafayette landman Chris McGuirt joins Ben and Clint to untangle Louisiana mineral rights for buyers, sellers and heirs. He explains how landmen trace title back to the original patent, how the 10-year prescription rule works, and how royalty, working and override interests split the money. The conversation also covers inherited land, usufruct, subdivisions, unleased owners and the open questions around lithium in the Smackover.


Key Topics

•  What a landman does and how mineral title is traced back to patent

•  Louisiana's 10-year prescription rule and how production pauses the clock

•  Royalty vs working interest vs overriding royalty, using the 25/75 split

•  Inherited land: wills, intestate succession, usufruct and the sell or keep decision

•  Trusts, LLCs, partitions and reserving minerals undivided

•  Undivided interests with dozens of heirs and how escrow keeps a sale moving

•  Why minerals rarely matter when buying a house in a subdivision

•  Unleased mineral owners, lithium in the Smackover and the win-win negotiation


 


Title Options

•  Louisiana Mineral Rights: What Buyers, Sellers & Heirs Need to Know | RE: Real Estate Podcast

•  Surface vs Mineral Rights in South Louisiana: A Landman's View | RE: Real Estate Podcast

•  Do You Own Your Minerals? Louisiana's 10-Year Rule Explained | RE: Real Estate Podcast


Sound Bites

“It's just a stopwatch that pauses the ownership of the minerals for a period of time.”

“There is absolutely no downside to reserving the minerals.”

“Nobody's gonna ask somebody to tear down their house so we can drill an oil and gas well.”

“There's no form of energy that doesn't inconvenience somebody at some level.”

“Their job is to make sure that it's a win-win for everybody.”


Chapters

00:00  Intro

00:30  Welcome and guest Chris McGuirt

01:53  What a landman does

02:51  Who owns the minerals? Tracing title to patent

03:43  Louisiana's 10-year prescription rule

04:45  Why oil companies avoid subdivisions

05:51  Royalty, working interest and overrides

10:14  South Louisiana's ultra-deep Highlander well

11:19  Inherited land and mineral paperwork

13:10  Usufruct: sell it or keep it?

14:43  Trusts, LLCs and partitions

16:05  The 10-year shortcut and title opinions

17:46  Undivided interests with dozens of heirs

21:00  Surface vs mineral title in real estate

22:00  How to find out if you own the minerals

25:05  Buying in a subdivision: do minerals matter?

27:21  Lithium and the Smackover formation

30:10  Could someone drill in my backyard?

32:03  Selling surface with undivided minerals

34:14  Unleased mineral owners

35:52  Tell the operator when ownership changes

37:25  Making every deal a win-win

41:01  Wrap-up


Resources

La. R.S. 31:27 (Mineral Servitude Prescription): legis.la.gov

Louisiana State Land Office Records: doa.la.gov/doa/osl

Highlander Well, St. Martin Parish: dce.louisiana.gov

Smackover Lithium Research (LSU): lsu.edu

Enverus Courthouse (formerly Drillinginfo): enverus.com

TexasFile: texasfile.com

Louisiana Unclaimed Property: unclaimedproperty.la.gov


 


Show Links

Find every episode at rerealestatepodcast.com – subscribe wherever you get your podcasts.


 


Hosts

Ben Harang

REALTOR® | Keller Williams Realty Bayou Partners

La. License #: 36589

Mobile: 985.859.2500 | Office: 985.262.4400

ben@benharang.com | benharang.com

 

Clint C. Galliano

REALTOR® | Keller Williams Realty Bayou Partners

La. License #: 995704723

Mobile: 985.647.4479 | SMS Hotline: (985) 200-5447

Office: 985.262.4400

clint.galliano@kw.com | SoLahomegroup.com

 


Produced by: Clint Galliano | Music by: Wiggins Studios

Click here to watch a video of this episode.


Creators and Guests

Ben Harang
Host
Ben Harang
Ben Harang brings over 30 years of experience as a licensed agent and currently works with Keller Williams Realty Bayou Partners. Ben’s experience includes single family residential sales, large land sales, subdivision development, building new construction residential and commercial projects and selling REO/Foreclosed properties.
Clint C. Galliano
Host
Clint C. Galliano
Clint Galliano, who’s been an agent since 2020 & an investor since 2008, also with Keller Williams Realty Bayou Partners. Clint’s experience includes residential sales, residential rentals, property management, and various avenues of investing.
Who Owns the Minerals Under Your Louisiana Land? A Landman Explains | RE: Real Estate Podcast
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