State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-42_5

§1‑42.5.  Additional ancient mineral claims extinguished in Avery County;oil, gas and mineral interests to be recorded in such county.

(a)        Where it appears onthe public records that the fee simple title to any oil, gas or mineralinterest in an area of land has been severed or separated from the surface feesimple ownership of such land and such interest is not in actual course ofbeing mined, drilled, worked or operated, or in the adverse possession ofanother, any person having legal capacity to own land in this State, who has anunbroken chain of title of record to such surface estate of such area of landfor at least 30 years and provided such surface estate is not in the adversepossession of another, shall be deemed to have a marketable title to suchsurface estate as provided in the succeeding subsections of this section,subject to such interests and defects as are inherent in the provisions andlimitations contained in the muniments of which such chain of record title isformed.

(b)        Such marketabletitle shall be held by such person and shall be taken by his successors ininterest free and clear of any and all such fee simple oil, gas or mineralinterest in such area of land, the existence of which depends upon anyreservation or exception contained in an instrument conveying the surfaceestate in fee simple which was recorded prior to such 30‑year period, andsuch oil, gas or mineral interests are hereby declared null and void and of noeffect whatever at law or in equity: Provided, however, that any such feesimple oil, gas or mineral interest may be preserved and kept effective byrecording within such 30‑year period, a notice in writing duly sworn toand subscribed before an official authorized to take probate by G.S. 47‑1,which sets forth the nature of such oil, gas or mineral interest and gives thebook and page where recorded. Such notice shall be probated as required forregistration of instruments by G.S. 47‑14 and recorded in the office ofthe register of deeds of the county wherein such area of land, or any partthereof lies, and in the book thereof kept or provided under the terms of G.S.1‑42 for the purpose  of recording certain severances of surface andsubsurface land rights, and shall state the name and address of the claimant,and the name of the surface owner and also contain either such a description ofthe area of land involved as to make said property readily located thereby ordue incorporation by reference of the recorded instrument containing thereservation or exception of such oil, gas or mineral interest. Such notice maybe made and recorded by the claimant or by any other person acting on behalf ofany claimant who is either under a disability, unable to assert a claim on hisown behalf, or one of a class but whose identity cannot be established or isuncertain at the time of filing such notice of claim for record.

(c)        This section shallbe construed to effect the legislative purpose of facilitating land titletransactions by extinquishing certain ancient oil, gas or mineral claims unlesspreserved by recording as herein provided. The oil, gas or mineral claimshereby extinguished shall include those of persons whether within or withoutthe State, and whether natural or corporate, but shall exclude governmentalclaims, State or federal, and all such claims by reason of unexpired oil, gasor mineral releases.

(d)        The board of countycommissioners shall publish a notice of this section within 90 days after theratification date, and within 90 days prior to June 30, 1982. Such notice shallbe published once per week for four consecutive weeks in a newspaper publishedin the counties of Avery, Burke, Mitchell and Watauga, or a newspaper havinggeneral circulation in those counties.

The provisions of this sectionshall apply to the following county: Avery. (1981, c. 329, s. 1.)