State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-42_6

§1‑42.6.  Additional ancient oil, gas or mineral interests extinguished inAlleghany County; recording interests; listing interests for taxation.

(a)        Where it appears onthe public records that the fee simple title to any oil, gas or mineralinterests in an area of land has been severed or separated from the surface feesimple ownership of such land and this interest is not in actual course ofbeing mined, drilled, worked or operated, or in the adverse possession ofanother, or that the record titleholder of any oil, gas or mineral interestshas not listed the same for ad valorem tax purposes in the county in which itis located for a period of 10 years prior to February 1, 1981, any personhaving the legal capacity to own land in this State who has on July 1, 1981, anunbroken chain of title of record to the surface estate of the area of land forat least 50 years, and provided the surface estate is not in the adversepossession of another, shall be deemed to have a marketable title to thesurface estate as provided in the succeeding subsections of this section,subject to any interests and defects as are inherent in the provisions andlimitations contained in the muniments that form the chain of record title.

(b)        This marketabletitle shall be held by such person and shall be taken by his successors ininterest free and clear of any and all fee  simple oil, gas or mineralinterests in the area of land founded upon  any reservation or exceptioncontained in an instrument conveying the surface estate in fee simple that wasexecuted or recorded at least 50 years or more prior to July 1, 1981, and suchoil, gas or mineral interests are hereby declared to be null and void and of noeffect whatever at law or in equity: Provided, however, that any fee simpleoil, gas or mineral interest may be preserved and kept effective by recordingwithin two years after July 1, 1981, a notice in writing duly sworn to andsubscribed before an official authorized to take probate by G.S. 47‑1,which sets forth the nature of the oil, gas or mineral interest and gives thebook and page where recorded. This 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 the area of land, or any partthereof lies, and in the book therein 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 claimantand, if known, the name of the surface owner and also contain either such adescription of the area of land involved as to make the property readilylocated thereby or due incorporation by reference of the recorded instrumentcontaining the reservation or exception of such oil, gas or mineral interest.The notice may be made and recorded by the claimant or by any other personacting on behalf of any claimant who is either under a disability, unable toassert a claim on his own behalf, or one of a class but whose identity cannotbe established or is uncertain at the time of filing such notice of claim forrecord.

(c)        This section shallbe construed to effect the legislative purpose of facilitating land titletransactions by extinguishing 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)        Within two yearsfrom July 1, 1981, all oil, gas or mineral interests in lands severed orseparated from the surface fee simple ownership must be listed for ad valoremtaxes and notice of such interest must be filed in writing in the mannerprovided by G.S. 1‑42.3(b) and recorded in the local registry in the bookprovided by G.S. 1‑42 to be effective against the surface fee simpleowner or creditors, purchasers, heirs or assigns of such owner. Subsurface oil,gas and mineral interests shall be assessed for ad valorem taxes as realproperty and such taxes shall be collected and foreclosed in the  mannerauthorized by Chapter 105 of the General Statutes of North Carolina. The boardof county commissioners shall publish a notice of this section within 180 daysafter May 6, 1981. Such notice shall be published once per week for fourconsecutive weeks in a newspaper published in the county, or a newspaper ofgeneral circulation in the county.

This section applies only toAlleghany County. (1981, c. 333, ss. 1, 2.)