Re: O T helicopters and mining


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Posted by David Sherman on Monday, April 27, 2009 at 13:34:42 :

In Reply to: Re: O T helicopters and mining posted by Russ/Wyo on Monday, April 27, 2009 at 12:42:23 :

Good advice, and I agree. What I meant by water rights not going with the land is that just because the creek runs across your place doesn't mean you can use any of the water out of it. Water rights go by seniority, so 1886 rights are very "senior" and thus very good. In Idaho (don't know about other places) water rights can only be owned by an Idaho resident who owns the land on which the water is used. Not sure how the big out-of-state agribusiness companies get around this, but they must have a way.

The worrisome thing to me about mineral rights is that they don't necessarily show up on a title report and the title companies don't research or guarantee them. Thus there's always the chance that somebody could come along and say they own the mineral rights to your land, and you would never have known it. When I bought my land, I got the mineral rights which had been in someone else's name (someone other than the owner of the land itself), but even so, there's no legal guarantee that that person actually owned them or that some other person didn't also own them (and didn't sign them over to me). None of it matters until some big mining company is following a vein thousands of feet underground that goes under the property, and then there's lots of work for the lawyers to sort it all out. Some of these disputes go on for generations.



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