Mineral Rights

[haygirl72]

What is the name of your state? Colorado

Hi:
Eleven years ago my husband and I purchased 240 acres from his 3 brothers. When they sold it they failed to reserve the mineral rights. Now, 11 years later after there is extensive gas well drilling in the area they have come back saying that "we knew they wanted them", and are saying there was a verbal agreement that they wanted the mineral rights. There was no verbal agreement. They have sued us for breach of verbal agreement. What do you think? Thanks so much for your time.

[FarmerJ]

Let it go to court and let them prove to a court that they properly reserved so called mineral rights for the land so they wouldnt transfer with the sale.

[FlyingRon]

Your argument is this:

1. There is no verbal agreement.
2. Even if there was, it would be unenforceable.

Besides "wanting" and "purchasing" are two different concepts.

However, you're still likely to have to get a lawyer to fight this.

[haygirl72]

Originally Posted by FarmerJ

Let it go to court and let them prove to a court that they properly reserved so called mineral rights for the land so they wouldnt transfer with the sale.

Thanks so much for taking the time to answer. It is really appreciated.

[haygirl72]

Originally Posted by FlyingRon

Your argument is this:

1. There is no verbal agreement.
2. Even if there was, it would be unenforceable.

Besides "wanting" and "purchasing" are two different concepts.

However, you're still likely to have to get a lawyer to fight this.

Thanks so much for taking the time to reply. It is really appreciated. We do have a lawyer and feel confident things will work out.