Can the 1930 mineral deed be deemed void for lack of ownership?

Full question:

Is Mineral Deed Void? When we purchased our land (200 acres) in 2003 (Stone County, AR), our deed contained _Subject to reservations of 3/4 of the mineral rights to prior Grantors_. We accepted the purchase under those conditions as the seller accepted those conditions in his deed. This clause, first appearing on Deeds after 1984, arises from a Mineral Deed dated 1930 from a Wm. Vance to E. G. Catlett. In 1984, Ladd Petroleum filed a Notice of Claim and intent to preserve 3/4 interests in the mineral rights, and they have been paying mineral tax since 1963. The _history_ of these lands have been fully documented by 2 different Title and abstract companies and by myself (through the help of a professional that tracts mineral rights for oil companies). The chain of title is complete and unequivocal. Here is the problem:There is no record whatsoever of Vance ever having title or rights to the Minerals he sold to Catlett in 1930.This land we own was owned by a single family between 1860 and 1956, so the actual chain of title is not terribly complicated, going from brother to son to brother, etc. Likewise, the mineral chain-of-title is readily traced from 1930-2009 (Ladd Petroleum does not own 3/4 interest as they claim, but only 82/256; the remaining 110/256 is actually owned by others).The problem is the 1930 Vance to Catlett Mineral Deed. How did Vance gain ownership to these mineral rights? We know that the sale of these Mineral Rights, if it occurred, had to occur between 1918 and 1930 (part of the land in the 1930 Deed refers to land acquired from the US Govt under the Homestead Act in 1918, thus it could not have been earlier and since Vane sold them in 1930, it cannot be earlier). During this time (1914-1941), there were only 2 owners (Carl and William). In no Warranty Deed nor in any Probate is there any mention of the sale of mineral rights or any reservation sin the Deeds and nobody has been able to produce or find any deed or conveyance from Carl, William or anyone else that sold mineral rights to Vance.In addition, many of the original heirs are still living in the area (some 80+ yrs old) and have never heard of a Vance or that the mineral rights were ever sold. Interestingly, the 1930 Vance-Catlett sale occurred in Oklahoma, not AR.Based on the extensive research that has been done, we have every reason to believe that Vance NEVER held legal title to the mineral rights he sold in 1930, although I recognize that a negative can never really be proven.I recognize that we (and our predecessors) were put _on notice_ about this 1930 deed, but does that really matter. Going on the common law assumption that _you cannot sell what you do not own_ , can this 1930 Mineral Deed be deemed void for lack of any conveyance to the seller (Vance). So, the bottom line question I have is: Could a Quite-Title Claim to made alleging that the 1930 Mineral Deed is void because there is no evidence in the record to show that Vance owned the property that he sold. Other than producing a Conveyance to Vance, what defense exists?

• Category: Real Property
• Subcategory: Deeds
• Date: 04/07/2025
• State: Arkansas

Answer:

Adverse possession allows someone to acquire title to another's land through specific acts over a defined time. To establish adverse possession, the possession must be actual, open, continuous, hostile, exclusive, and intended to hold against the true owner's rights.

In terms of mineral estates, they can be adversely possessed under various statutes of limitations. However, this typically requires actual possession of the minerals or, if the land is vacant, paying taxes under color of title for seven consecutive years. For oil and gas, actual possession means drilling and production must occur. If production ceases, lessors must sue within the statutory period to reclaim property held by others in peaceable and adverse possession. Note that title to minerals is not lost by nonuse or by adverse occupancy of the surface owner under the same claim of title. Adverse possession can only be initiated by an adverse use of mineral rights that continues for the statutory period.

The resolution of your title issue will ultimately depend on the court's evaluation of all relevant facts and circumstances. It is advisable to consult a local attorney who can review your specific documents and facts.

In Arkansas, the law regarding adverse possession is outlined in the statute: 18-11-106. This statute specifies the requirements for establishing adverse possession, including holding color of title and paying ad valorem taxes for a specified period.