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About Alan H. Coogan
Expertise
Ohio geology, oil and gas fields and reservoirs leasing and mineral rights.Oil/water well contamination

Experience
50 years geologist, 30 yrs attorney 35 years in Ohio fields

Organizations
AAPG, AIPG. Ohio Bar Ass.

Publications
Bul. AAPG, AIPG, Northeastern Geology,Ohio geol. Survey, J. Paleontology, Revista Geol. Mex. Akro Law Review

Education/Credentials
PH. D., geology; J.D.

 
   

You are here:  Experts > Industry > Oil/Gas > Oil/Gas > Mineral Rights Definition

Oil/Gas - Mineral Rights Definition


Expert: Alan H. Coogan - 10/21/2009

Question
I am attempting to acquire a property in Ohio whereby 50% of the mineral rights "above and below" the ground were reserved by the prior owner of the property.  Have you ever seen where a mineral right above the ground would be considered rights to the timber since timber is above the ground?

Answer
Dear Pat

No, but one can reserve what the seller and buyer agree to reserve.

Timber is not usually considered "mineral", so you need to

1. take a close look at the wording
2. check for other documents that explain this odd provision
3. Look for Ohio law cases on such usage,
4. file for a declaratory judgement AND
5. stop purchase until you are satisfied.  

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