Do you own your mineral rights? If you don’t, someone could drill on your land without your consent. Read to learn the steps you can take to find out if you own your mineral rights. This handout includes: I. Who Owns the Mineral Rights Under Your Land? II. One Important Caveat III. What Will You Need to Begin a Title Search? IV. Where Do You Search? V. What Are You Looking For? VI. What Is a Deed Chain? VII. What If Someone Else Owns the Mineral Rights Under Your Land?

1.
1
Who
Owns
the
Mineral
Rights
Under
Your
Land?
North
Carolina
is
set
to
begin
natural
gas
exploration
after
the
General
Assembly
paved
the
way
for
legalizing
hydraulic
fracturing.
In
2012,
the
General
Assembly
required
the
Mining
and
Energy
Commission
(MEC)
to
create
the
regulatory
structure
that
will
govern
hydraulic
fracturing
in
North
Carolina.
The
General
Assembly
could
move
to
issue
permits
once
this
rule-­‐making
process
is
complete.
As
a
landowner,
it
is
important
to
know
if
you
own
your
mineral
rights
for
two
reasons.
First,
this
is
important
if
you
are
interested
in
leasing
your
minerals.
Second,
if
you
do
not
own
your
mineral
rights
but
own
the
surface
property,
known
as
a
split
estate,
there
could
be
drilling
on
your
land
whether
you
consent
or
not.
This
document
will
walk
you
through
steps
involved
in
a
mineral
rights
title
search.
One
Important
Caveat
The
information
provided
in
this
document
should
not
be
construed
as
legal
advice.
While
an
attorney
was
consulted
during
the
development
of
this
document,
it
is
being
provided
for
informational
purposes
only.
Mineral
rights
title
searches
can
be
long
and
confusing,
depending
on
when
the
mineral
rights
were
severed
from
the
surface
rights.
Interpreting
documents
can
be
difficult;
if
you
do
not
own
your
mineral
rights,
it
does
not
necessarily
mean
that
you
do
not
own
the
oil
and
gas
rights.
Often,
hiring
an
attorney
who
specializes
in
this
work
is
necessary
before
it
can
be
determined
who
owns
the
rights
to
minerals
under
your
land.
If
you
have
questions
or
any
level
of
uncertainty,
it
is
Do
you
own
your
mineral
rights?
If
you
don’t,
someone
could
drill
on
your
land
without
your
consent.
Here
are
the
steps
you
can
take
to
find
out
if
you
own
your
mineral
rights.
2
highly
recommended
that
you
consult
an
attorney.
The
North
Carolina
Bar
Association
has
a
lawyer
referral
service
that
can
be
reached
at
1-­‐
800-­‐662-­‐7660
(in-­‐state)
or
919-­‐677-­‐8574
(out-­‐
of-­‐state
and
in
the
Raleigh
calling
area).
Details
can
be
found
at
www.ncbar.org/public-­‐pro-­‐
bono/lawyer-­‐referral-­‐service/for-­‐the-­‐
public.aspx
What
Will
You
Need
to
Begin
a
Title
Search?
There
are
several
things
you
will
need
as
you
start
a
mineral
rights
title
search.
Essentially,
you
will
want
any
documentation
that
identifies
the
property
you
are
researching.
These
documents
include
(1)
current
deed,
(2)
tax
ID
number,
(3)
previous
owners,
(4)
previous
deed
copies,
and
(5)
street
address
of
the
property.
Where
Do
You
Search?
In
North
Carolina,
the
Register
of
Deeds
for
each
county
acts
as
the
custodian
of
land
titles
and
land
transaction
documents.
Searches
will
differ
depending
on
the
county.
The
best
way
to
start
is
by
contacting
your
county
and
asking
how
to
begin
your
search.
They
will
direct
you
to
either
an
online
database
or
paper
files.
It
is
more
likely
that
paper
files
will
need
to
be
searched
for
older
deeds.
County
Register
of
Deeds
offices
can
be
located
at
www.ncard.us/Directory/CountyMap.htm
What
Are
You
Looking
For?
There
are
several
items
that
are
key
to
identify
when
searching
within
a
deed
for
evidence
of
mineral
rights
ownership.
These
items
include
(1)
the
seller
or
“grantor,”
(2)
the
buyer
or
“grantee,”
(3)
date
of
deed,
(4)
date
deed
was
recorded,
(5)
the
“legal”
(acreage
and
county)
description
of
the
property,
(6)
the
source
of
title
or
prior
deed,
and
(7)
any
exceptions
to
the
sale
or
reservations.
This
last
item
is
perhaps
the
most
important
when
determining
if
the
minerals
were
severed
from
the
surface
at
some
point
in
the
past.
Conducting
a
Mineral
Rights
Title
Search
*
This
document
drew
heavily
from
“A
Citizen’s
Guide
to
Title
Searches:
Who
Else
Has
an
Ownership
Interest
in
Your
Land,”
published
in
2008
by
the
Mountain
Watershed
Association
of
Pennsylvania.
www.mtwatershed.com

2.
3
What
Is
a
Deed
Chain?
A
deed
chain
is
necessary
when
determining
if
and
when
the
mineral
rights
were
severed
from
your
property.
First,
begin
with
the
source
of
title.
This
is
the
indicator
of
the
sale
where
the
current
seller
or
“grantor”
bought
the
property.
This
will
lead
you
to
the
prior
deed.
Repeat
this
process
until
you
are
able
to
find
mention
of
the
mineral
rights
in
any
exceptions
or
reservations
to
the
sale.
It
is
critical
to
maintain
an
unbroken
chain.
Failing
to
do
so
means
that
you
cannot
be
sure
of
current
ownership
of
the
mineral
rights.
In
the
case
of
Lee
County
in
North
Carolina,
mineral
rights
may
have
been
severed
as
far
back
as
the
early
20th
or
19th
centuries.
What
If
Someone
Else
Owns
the
Mineral
Rights
Under
Your
Land?
Because
the
deed
chain
indicates
the
mineral
rights
under
your
land
were
severed
prior
to
your
purchase
of
the
property
does
not
mean
your
work
is
necessarily
done.
In
North
Carolina,
the
General
Assembly
has
enacted
a
series
of
laws
known
as
“dormant
minerals”
statutes.
These
laws
extinguish
“ancient”
mineral
rights
of
the
owner
and
grant
them
back
to
the
surface
owner.
Mineral
rights
are
extinguished
when
(1)
the
4
title
to
oil,
gas,
or
mineral
rights
is
severed
or
separated
from
the
surface
estate,
(2)
the
mineral
interest
is
not
in
the
course
of
being
mined,
drilled,
worked
or
operated,
or
in
the
adverse
possession
of
another,
(3)
the
record
title
holder
of
the
oil,
gas
or
mineral
interest
must
not
have
listed
the
property
for
tax
purposes
in
the
county
for
five
years
prior
to
January
1,
1986,
and
(4)
the
surface
owner
must
have
a
legal
capacity
to
own
land,
and
must
be
able
to
establish
a
30-­‐year,
unbroken
deed
chain.**
This
and
all
other
aspects
of
determining
mineral
rights
ownership
can
be
very
complicated.
An
attorney
should
always
be
consulted
when
determining
mineral
rights
ownership.
Additional
Questions
If
you
have
additional
questions
about
mineral
rights
or
mineral
rights
leasing,
please
contact
James
Robinson
of
the
Rural
Advancement
Foundation
International-­‐USA
at
919-­‐542-­‐1396
ext.
209
or
james@rafiusa.org.
Figure:
Trassic
Basins
where
the
potential
for
shale
gas
development
exists
**
North
Carolina
General
Statutes
§
1-­‐42.9
(a)