Adverse Possession Of Minerals

Question 0

Possession of the surface (notice?)

Answer 0

Does not provide mineral interest with notice because most surface use is not inconsistent with the rights of the mineral owner

Question 1

4 Elements of adverse possession

Answer 1

1. Must be open, notorious, and visible (provide notice)
2. Must be adverse to the other parties right to use
3. Must be continuous
4. Must last for a statutory period

Question 2

Gerhard v. Stephens

Answer 2

California
Defendant argued they had adverse possession through improving the surface and executing oil and gas leases

The absence of physical activity did not give notice and they did not infringe upon the true owners possession of the minerals. No adverse possession

Question 3

Laches

Answer 3

Unreasonable amounts of time before action

Question 4

Natural gas pipeline co v. Pool

Answer 4

Texas
Defendants drilled two producing wells that had extended periods of time where they didn’t produce. Plaintiffs argued lease expired but defendants kept drilling and paying royalties. No claim was made for at least 14 years.

Defendants gained title through adverse possession by meeting the requirements.