[Durham INC] Homes sold in Durham minus mineral rights -- Fracking to come?

[Pat Carstensen]

This is a pretty good article on the whole subject of mineral rights: http://geology.com/articles/mineral-rights.shtml
One of the things that has long driven folks crazy who care about public lands out west was the way that just about anyone could stake a mining claim and start messing the place up (or something like that -- I'm a little vague on the problem -- haven't thought about it for a while).  So the idea of having separate components (surface rights, mineral rights, development rights, etc) to a property is old.
Listening to someone on public radio lately, there are states with a long and continuous history of dealing with mining and gas extraction (e.g. West Virginia) and those that don't (e.g. North Carolina).  Some of the ones with a longer history have much more sophisticated law protecting citizens from the negative effects of mining; others just have more sophisticated ways to keep the mining companies in charge (-:  Hence, we probably have a lot to learn.  
What I saw poking around on the web is that the developers selling off the mineral rights is a fairly recent (last 10 years) device for making their projects come out with a profit.  So another reason to buy in an established neighborhood.  
The fact that you don't own the mineral rights should be in the deed and clear if you read it closely.  Of course, "disclosing to buyers" is different from "buyers having a clue" -- look at all the people who are surprised to find long-planned new roads cutting through the back yards of the place they just bought.

From: kjj1bg at yahoo.com
Date: Wed, 11 Apr 2012 19:44:51 -0400
To: mmr121570 at yahoo.com
CC: inc-list at rtpnet.org; durhamenviro at yahoogroups.com
Subject: Re: [Durham INC] Homes sold in Durham minus mineral rights --	Fracking to come?



Melissa,  Is this not being disclosed to buyers? Are we now going to have to purchase mineral rights separately from land/home? Could cities or counties prohibit this? 
Sent from my iPhone. Take typos and autocorrect errors lightly please. 
On Apr 10, 2012, at 6:30 PM, Melissa Rooney <mmr121570 at yahoo.com> wrote:

This really worries me, so I wanted to share the info with those who I know care about what goes on beyond their personal property lines:
Currently, houses in Durham are being sold minus the mineral rights ... this is scary wrt the possibility of Fracking and who knows what else.
See the links below. And please keep your eyes open for any information pertaining to Fracking and Mineral Rights in Durham. We will likely need to make our elected officials well aware of the hazards for our county. 
Does a Developer Sale of Mineral Rights to an Energy Company Foreshadow
Fracking

http://www.indyweek.com/indyweek/does-a-developers-sale-of-mineral-rights-to%20-an-energy-company-foreshadow-fracking/Content?oid=2970445 


It is also in the Herald Sun:

Builder sells homes without mineral rights. It was when he was 
finalizing the purchase of his new home in Durham last month that 
Danny Conyers first
 heard the words "mineral rights" brought up. [You 
may need to register to view this article.] 

http://www.heraldsun.com/view/full_story/18181034/article-Builder-sells-home s-without-mineral-rights 

Here is a link to a video about  Fracking in NC (by Durham resident Tina Motley Pearson for Clean Water for NC):

Fracking for Natural Gas in NC...  Can it Happen Here?

http://www.youtube.com/watch?v=hsrVF-DVFz4

 
--Melissa (Rooney)
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