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The Water Cooler
General Discussion
Anybody have time to answer some questions about rural acreage?
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<blockquote data-quote="Shadowrider" data-source="post: 3723129" data-attributes="member: 3099"><p>I am a landman. The suggestion of going to the County Clerk's office is a good one. That's where the all official records are held. You can build your own abstract there if you want to and know how. The deputy clerks will point you to the books but you'll have to do the work. Copies generally run $1.00 a page. You can photo all of it but the index, they frown real hard on that, but the records themselves are fair game.</p><p></p><p>Undivided ownership is what a lot of people don't understand. If you buy a fraction (any fraction) you don't have any more (or less) rights to build or improve the land than the other owner(s) do. If you bought an undivided 1/2 and the parcel is 200 acres you would own 100 net acres. But....In reality you own 1/2 of every one of those 200 acres. You won't get financing to build period...Full stop. If you were to build something, plant something, etc. you are building/planting/etc. on the other owner(s) property. That's why that's a really good way to get yourself dragged into court. You need to be very good company to the other owners and they to you if you get what I mean.</p><p></p><p>If the minerals are severed you won't have a drilling rig setting up on your driveway or back patio. You have some say and will be paid for surface "damages". That's code speak for the surface used in the oil and gas operations, including lease roads, well pad, tanks, etc.</p><p></p><p>Forcing the other owners to sell is called partitioning and yes, you have to go to court and there are no guarantees that you will prevail but you might. It'll depend on the situation. I don't see it much anymore, but I don't deal with surface much either...</p></blockquote><p></p>
[QUOTE="Shadowrider, post: 3723129, member: 3099"] I am a landman. The suggestion of going to the County Clerk's office is a good one. That's where the all official records are held. You can build your own abstract there if you want to and know how. The deputy clerks will point you to the books but you'll have to do the work. Copies generally run $1.00 a page. You can photo all of it but the index, they frown real hard on that, but the records themselves are fair game. Undivided ownership is what a lot of people don't understand. If you buy a fraction (any fraction) you don't have any more (or less) rights to build or improve the land than the other owner(s) do. If you bought an undivided 1/2 and the parcel is 200 acres you would own 100 net acres. But....In reality you own 1/2 of every one of those 200 acres. You won't get financing to build period...Full stop. If you were to build something, plant something, etc. you are building/planting/etc. on the other owner(s) property. That's why that's a really good way to get yourself dragged into court. You need to be very good company to the other owners and they to you if you get what I mean. If the minerals are severed you won't have a drilling rig setting up on your driveway or back patio. You have some say and will be paid for surface "damages". That's code speak for the surface used in the oil and gas operations, including lease roads, well pad, tanks, etc. Forcing the other owners to sell is called partitioning and yes, you have to go to court and there are no guarantees that you will prevail but you might. It'll depend on the situation. I don't see it much anymore, but I don't deal with surface much either... [/QUOTE]
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