Taxes are universal but adverse possession is not! Here is Colorado adverse possession was abused so much in a Boulder "land grab" situation that the legislation will likely change. It is a legacy from the mining days. Cheers! -----Original Message----- From: kincaid-bounces@rootsweb.com [mailto:kincaid-bounces@rootsweb.com] On Behalf Of Norman Kincaide Sent: Friday, December 12, 2008 8:22 AM To: kincaid@rootsweb.com Subject: Re: [KINCAID] Deeds and legal descriptions Also if the mineral rights owner does not pay the taxes on those rights they could be put up for sale to collect the unpaid taxes.  And they could also revert over time to the present surface property owner through adverse possession. Sincerely Norman Kincaide ----- Original Message ---- From: Don W. Kincaid <donwkincaid@cox.net> To: bkinkade55@yahoo.com; kincaid@rootsweb.com Sent: Friday, December 12, 2008 7:46:50 AM Subject: Re: [KINCAID] Deeds and legal descriptions One of the great things about our list is that we help each other from time to time. I should have mentioned that several states have laws that cause the title to mineral rights to revert to the current landowner after a period of years or other conditions like no sales in a given period of time. Norman's post reminded me that I need to deed some mineral rights we have in CA to our children. Some states have a list of "unclaimed property" and mineral rights sometimes are on them. Don   ----- Original Message -----   From: Robert Kinkade   To: kincaid@rootsweb.com   Sent: Friday, December 12, 2008 7:22 AM   Subject: Re: [KINCAID] Deeds and legal descriptions   Thanks to all making recent posts about deeds and mineral rights. You've reminded me that when my grandfather sold his farm in southern Illinois (near Olney) that he retained the mineral rights, which I understand is fairly normal to do. He then passed away back in 1991 and I don't think that anything legally official was done about the mineral rights for heirs. I will now look into that.   Robert Bruce Kinkade   #35915   --- On Thu, 12/11/08, Don W. Kincaid <donwkincaid@cox.net> wrote:   From: Don W. Kincaid <donwkincaid@cox.net>   Subject: Re: [KINCAID] Deeds and legal descriptions from Norman   To: kincaid@rootsweb.com   Date: Thursday, December 11, 2008, 10:05 PM   We arrived in Arizona this afternoon and will try to catch up on emails.. We have   had experience several times with deed errors so will give some input on this   subject.   In the states we have dealt in, the procedure to correct deed errors is similar   to Canada. The seller may file a Correction Deed which is the simplest and   easiest way to correct the mistake. If the Seller or heirs are not available,   then the main way left is to have a lawyer go through a court process to clear   the title using the correct information. They basically sue those who have held   title to the land giving notice that they are correcting the Deed. They have to   publish a notice of the suit in public newspapers a certain number of times and   allow plenty of time for anyone to respond. We bought 200 acres in PA once that   had 7 items to correct. There were no objections by anyone so the suit cleared   the title problems and the new deed with the corrections was accepted by the   title company as clear title. Some lawyers and title companies will accept   affidavits done by neighbors, buyers or relatives who knew what was intended by   the original deed in which the mistake was mad!   e. Affidavits are used more to clear up mineral right ownership in Texas and   New Mexico. We sure hope Norman's father can get his deed corrected. We are   getting a little royalty from a 20 acres parcel my grandfather acquired back in   1918. New methods of drilling has opened up lots of land to oil or gas   production. I would also recommend that all that own mineral rights to land they   have sold to make sure a transfer is recorded to heirs so that children,   grandchildren, great grandchildren and other heirs will receive any royalty   payments on any future production. State laws vary but in Texas for instance, a   production company must try to locate all the rightful owners of mineral rights   under land they want to drill a well or wells under but if they can't locate   all of them, they can still drill and the money goes to the state which holds it   for 7 years after which if no one claims it, it becomes state property.   Don     ----- Original Message -----     From: Peter A. Kincaid     To: kincaid@rootsweb.com     Sent: Tuesday, December 09, 2008 10:13 PM     Subject: Re: [KINCAID] Deeds and legal descriptions from Norman     Under the registry system in my area, a gross error     in the description creates a defect in the title     which has to be rectified by a deed of rectification     by the grantors to the original deed where the     error occurred.  If not possible (ie. the grantors     has since passed) then the situation is much     complicated and a quieting of titles process may     be required.     Best wishes!     Peter       ----- Original Message -----       From: Utahn1@aol.com       To: Kincaid@rootsweb.com       Sent: Tuesday, December 09, 2008 5:30 PM       Subject: [KINCAID] Deeds and legal descriptions from Norman       ----- Forwarded Message ----       From: Norman Kincaide  <norman.kincaide@yahoo.com>       To: kincaid@rootsweb.com       Sent: Tuesday,  December 9, 2008 11:03:03 AM       Subject: Deeds and legal  descriptions       Dear Kincaid listers, I hope this message reaches you all in  a timely       fashion.  I have been researching the deed and legal descriptions  of the       Sanford/Kincaide ranch where I grew up in Pueblo County, CO.  My Dad  asked   me to look       into a matter in which his name was still attached to our ranch  which was   sold       in 1983 to the Pueblo Bank & Trust Co.  So I went to the  Pueblo County   Court       House, a beautiful grand building that was awe inspiring  when I was a kid       and especially when the Christmas lights decorated its grand  ediface.  I   found       that my Dad still had a fraction of mineral rights  attached to two lots,   one       of 24 acres and one of 28 acres in section 21.  But the section number was       incorrect (it should have been section 20) and  applied to a section to the   east       of where our ranch was.  I verifed this  with the Mapping office in the   court       house.  So the lesson here is if the  section or the lots in a deed   don't       match what is indicated on the map or  the       survey there may be clerical error in the legal description or on the   survey       itself.  This error had been carried on the original deed for the  mineral       rights in 1985 and not discovered until I looked at the deed and brought   it to       the mapping department and the mapping director and I looked at the       interactive map that showed the wrong section, a section that belonged to   one of  our       neighbors and was never part of our ranch.  So this has inspired me to   look       further into the origin of the Sanford/Kincaide ranch in Pueblo County,   CO.  So       I am going to look at all of the deeds pertaining to W.I. Sanford,  my       step-grandfather, who started farming and ranching in Pueblo County, CO in   1911.       Sincerely       Norman Kincaide       To see the Kincaid of all spellings DNA chart in Excel:         http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kinca id%20%20DNA.xls       -------------------------------       To unsubscribe from the list, please send an email to   KINCAID-request@rootsweb.com with the word 'unsubscribe' without the   quotes in the subject and the body of the message     To see the Kincaid of all spellings DNA chart in Excel:       http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kinca id%20%20DNA.xls     -------------------------------     To unsubscribe from the list, please send an email to   KINCAID-request@rootsweb.com with the word 'unsubscribe' without the   quotes in the subject and the body of the message   To see the Kincaid of all spellings DNA chart in Excel:   http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kinca id%20%20DNA.xls   -------------------------------   To unsubscribe from the list, please send an email to   KINCAID-request@rootsweb.com with the word 'unsubscribe' without the   quotes in the subject and the body of the message           To see the Kincaid of all spellings DNA chart in Excel:   http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kinca id%20%20DNA.xls   -------------------------------   To unsubscribe from the list, please send an email to KINCAID-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message To see the Kincaid of all spellings DNA chart in Excel: http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kinca id%20%20DNA.xls ------------------------------- To unsubscribe from the list, please send an email to KINCAID-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message To see the Kincaid of all spellings DNA chart in Excel: http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kinca id%20%20DNA.xls ------------------------------- To unsubscribe from the list, please send an email to KINCAID-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message