706.057 Lapse and reversion of interests in minerals.

615 words·~3 min read·/wi/chapter-706/706-057-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Applicability. This section does not apply to an interest in minerals which is owned by the same person who owns the fee simple interest in the surface of the land above the interest in minerals.

(2)Use of an interest in minerals. In this section, an interest in minerals is used if any of the following occur:

(a)Any minerals are mined in exploitation of the interest in minerals.

(b)A conveyance of mineral interests is recorded under this chapter.

(c)Any other conveyance evidencing a transaction by which the interest in minerals is created, aliened, reserved, mortgaged or assigned is recorded under this chapter.

(d)Property taxes are paid on the interest in minerals by the owner of the interest in minerals.

(e)The owner of the interest in minerals records a statement of claim under sub.

(4)or

(5)concerning the interest in minerals.

(3)Lapse.

(a)Except as provided in par.

(b)or

(c), an interest in minerals lapses if the interest in minerals was not used during the previous 20 years.

(b)An interest in minerals which was not used during the 20-year period prior to July 1, 1984, does not lapse if the interest in minerals is used within 3 years after July 1, 1984.

(c)An interest in minerals which was used during the period from 17 to 20 years prior to July 1, 1984, does not lapse if the interest in minerals is used within 3 years after July 1, 1984.

(4)Statement of claim; recording; requirements. If the owner of an interest in minerals uses the interest in minerals by recording a statement of claim, the statement of claim shall comply with this subsection. The statement of claim shall contain the name and address of the owner of the interest in minerals, a description of the location and boundary of the interest in minerals and a reference to the recorded instrument which created the interest in minerals. The statement of claim shall be recorded with the register of deeds for the county in which the interest in minerals is located.

(5)Cure of lapse. The lapse of an interest in minerals under sub.

(3)is cured if the owner of the interest in minerals records a statement of claim complying with all of the requirements of sub.

(4)before the surface owner records a statement of claim under sub.

(a)or before a statement of claim takes effect under sub.

(b)1. , whichever is later.

(6)Claim of lapsed interest in minerals.

(a)The owner of the land under which an interest in minerals exists may claim that portion of a lapsed interest in minerals which lies beneath the owner’s land by recording a statement of claim. The statement of claim shall contain the name and address of the owner of the land under which the lapsed interest in minerals is located and a description of the land under which the interest in minerals is located. The statement of claim shall be recorded with the register of deeds for the county in which the land is located.

1. Except as provided in subd. 2. , a statement of claim which is recorded under par.

(a)before the lapse of the interest in minerals to which the claim applies takes effect when the interest in minerals lapses.

2. A statement of claim which is recorded under par.

(a)before the lapse of the interest in minerals to which the claim applies is void 6 years after the statement of claim is recorded if the interest in minerals does not lapse within that 6-year period.