Sec. 47-33r. Dormant Mineral Interests Act: Preservation of mineral interest by notice.
436 words·~2 min read·
/ct/title-47/chapter-821-land-titles/47-33r·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any person claiming any kind of mineral interest may preserve and keep effective that interest by recording a notice of intent to preserve the mineral interest or a part thereof. The mineral interest is preserved in each town in which the notice is recorded. A mineral interest is not dormant for the purposes of sections 47-33m to 47-33t , inclusive, if a notice in accordance with this section is recorded within twenty years immediately preceding commencement of an action to terminate the mineral interest, or pursuant to subsection
(b)of section 47-33q after commencement of the action. Such notice may be recorded by the owner of the mineral interest or by any other person acting on behalf of any owner of such interest who is:
(1)Under a disability,
(2)unable to assert a claim with respect to the mineral interest on his own behalf or
(3)one of a class whose identity cannot be established or is uncertain at the time of recording such notice.
(b)The notice may be executed by or on behalf of a co-owner for the benefit of any or all co-owners or on behalf of the owner for the benefit of any or all persons claiming under the owner or persons under whom the owner claims.
(c)To be effective and to be entitled to recordation, the notice referred to in section 47-33q shall contain the following:
(1)An accurate and full description of all land affected by the notice, which description shall be set forth in particular terms, and not by general inclusions; but, if the mineral interest asserted under section 47-33q is founded upon a recorded instrument which creates, reserves or evidences the mineral interest, the description of the land affected by the notice may be the same as the description of the land subject to the mineral interest as contained in that recorded instrument.
(2)The then owner or owners of record of the fee simple interest of the land described in and affected by the notice.
(3)A full and complete description of the mineral interest which is claimed.
(4)A reference to any recorded instrument or instruments which created, reserved or otherwise evidenced the mineral interest, stating the names of the parties to each such instrument, the date of each such instrument and the volume and page of the land records where the instrument is recorded. If the mineral interest claimed was not created by or reserved in or evidenced by a recorded instrument, the basis of the claimant's title in the mineral interest described in the notice shall be set forth with particularity.