Elk Grove, CA asked in Real Estate Law for California

Q: How can I tell if someone had filed an action to terminate my mineral reservations on their land for being dormant?

I own a piece of land in California that our family has owned since the 1800’s. I have a deed from my 3rd great grandfather selling an adjacent property but reserving mineral rights to it. The deed is dated 1895. I do not know how to see if the current or any of the past owners since the date of the deed in 1895 for the adjacent property have filed an action to terminate my mineral rights.

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1 Lawyer Answer

A: You will need to review the records of the County Recorder's Office in the County where the two properties are located. Some title companies will allow you free access to view such records, but they might have to charge you for a "preliminary title report." Back in the late 1800s deeds were often very difficult to interpret, as the legal description of property was often depicted in terms of "meets" and "bounds" rather than as "parcels" of land. Thus, you might find records referring to boundaries such as rivers, lakes, trees, boulders, wells, etc. You will probably need a good lawyer to properly review those documents.

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