State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-42_9

§1‑42.9.  Ancient mineral claims extinguished in certain counties; 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 such interest is not in actual course ofbeing mined, drilled, worked or operated, or in the adverse possession ofanother, and that the record titleholder of any such oil, gas or mineralinterests has not listed the same for ad valorem tax purposes in the county inwhich the same is located for a period of five years prior to January 1, 1986,any person, having the legal capacity to own land in this State, who has onJanuary 1, 1986, an unbroken chain of title of record to the surface estate ofthe area of land for at least 30 years and provided the surface estate is notin the adverse possession of another, shall be deemed to have a marketabletitle to the fee estate as provided in the succeeding subsections of thissection, subject to the interests and defects as are inherent in the provisionsand limitations contained in the muniments of which the chain of record isformed.

(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 mineral interestsin the area of land founded upon any reservation or exception contained in aninstrument conveying the surface estate in fee simple that was executed orrecorded at least 30 years or more prior to January 1, 1986, and such oil, gasor mineral interests are hereby declared to be null and void and of no effectwhatever at law or in equity. Provided, however, that any fee simple oil, gasor mineral interest may be preserved and kept effective by recording within twoyears after January 1, 1986, a notice in writing duly sworn to and subscribedbefore an official authorized to take probate by G.S. 47‑1, which setsforth the nature of the oil, gas or mineral interest and gives the book andpage where recorded. This notice shall be probated as required for registrationof instruments by G.S. 47‑14 and recorded in the office of the registerof deeds of the county wherein the area of land, or any part thereof lies, andin the book 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 also contain either such a description of the area ofland involved as to make the property readily located thereby or dueincorporation by reference of the recorded instrument containing thereservation or exception of such oil, gas or mineral interest. The notice maybe made and recorded by the claimant, by any person authorized by the claimantto act on his behalf, or by any person acting on behalf of any claimant who isunder a disability, unable to assert a claim on his own behalf, or one of aclass whose identity cannot be established or is uncertain at the time offiling such 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 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 leases.

(d)        Within two yearsfrom January 1, 1986, all oil, gas or mineral  interests in lands severed orseparated from the surface fee simple ownership and forfeitable under the termsof G.S. 1‑42.9(b) must be listed for ad valorem taxes, and notice of thisinterest must be filed in writing in the manner provided by G.S. 1‑42.9(b)and recorded in the local registry in the book provided by G.S. 1‑42 tobe effective against the surface fee simple owner or creditors, purchasers,heirs or assigns of such owner. Subsurface oil, gas and mineral interests shallbe assessed for ad valorem taxes as real property and such taxes shall becollected and foreclosed in the manner authorized by Chapter 105 of the GeneralStatutes 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 January 1, 1986.

(f)         This sectionapplies to a county that failed to publish a notice as required by subsection(e) but that published a notice of this section in a newspaper having generalcirculation in the county once a week for four consecutive weeks prior toJanuary 1, 1986. In applying this section to that county, however, the date"1984" shall be substituted for the date "1983" each timeit appears in this section. (1983, c. 502; 1983 (Reg.Sess., 1984), c. 1096, ss. 1‑3; 1985, c. 160; c. 573, s. 1.)