State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-42_8

§1‑42.8.  Ancient mineral claims extinguished in Rutherford County; oil,gas and mineral interests to be recorded and listed 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, 1982, any personhaving the legal capacity to own land in this State who has on September 1,1982, an unbroken chain of title of record to the surface estate of the area ofland for at least 50 years, and provided the surface estate is not in theadverse possession of another, shall be deemed to have a marketable title tothe surface 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 persons 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 September 1, 1982, andsuch oil, gas or mineral interests are hereby declared to be null and void andof no effect whatever at law or in equity: Provided, however, that any feesimple oil, gas or mineral interest not already extinguished by existing lawsmay be preserved and kept effective by recording within two years afterSeptember 1, 1982, a notice in writing duly sworn to and subscribed before anofficial authorized to take probate by G.S. 47‑1, which sets forth thenature of the oil, gas or mineral interest and gives the book and page whererecorded. This notice shall be probated as required for registration ofinstruments by G.S. 47‑14 and recorded in the office of the register of deedsof the county wherein the area of land, or any part thereof lies, and in thebook therein kept or provided under the terms of G.S. 1‑42 for thepurpose of recording certain severances of surface and subsurface land rights,and shall state the name and address of the claimant and, if known, the name ofthe surface owner, and shall also contain either a sufficient description ofthe area of land involved as to make the property readily located or dueincorporation by reference of the recorded instrument containing thereservation or exception of the oil, gas or mineral interest. The notice may bemade and recorded by the claimant or by any other person acting on behalf ofany claimant who is under a disability, unable to assert a claim on his ownbehalf, or one of a class but whose identity cannot be established or isuncertain at the time of filing the notice of claim for record.

(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 include those of persons whether within or without theState, and whether natural or corporate, but do not include governmentalclaims, State or federal, and all such claims by reason of unexpired oil, gasor mineral releases.

(d)        Within two yearsfrom September 1, 1982, 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 this interest must be filed in writing in the mannerprovided by G.S.  1‑42.3(b) and recorded in the local registry in thebook provided 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.

(e)        The board of countycommissioners shall publish a notice of this section in a newspaper publishedin the county or having general circulation in the county once a week for fourconsecutive weeks prior to September 1, 1982.

(f)         This act appliesonly to Rutherford County. (1981 (Reg. Sess.,  1982), c. 1391, s. 1.)