My father passed in 2015 and left me the mineral rights to an old property he owned, where do I find documentation on

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Customer: My father passed in 2015 and left me the mineral rights to an old property he owned , where do I find documentation on this and what can I do with these mineral rights?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No nothing indent know what to do about it since it wasn t known about til he died and I haven't known what to do to find them. I only know the address of where the mineral rights are
JA: The Real Estate Lawyer will be able to walk you through that. Where is the property located?
Customer: In Timmins Ontario canada
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I' dont know much about this so I'm kinda as bright as a burnt out light bulb. Sorry!
Answered by Counsel Creed in 1 day 2 years ago
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Counsel Creed
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Counsel Creed
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Counsel Creed
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Jessica

Jessica

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Counsel Creed, Expert

Hi, welcome to Just Answer and thank you for using our services.Customerhere. Give me a minute to review your question, please.

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Counsel Creed, Expert

Ok. In Ontario, the surface land rights and the subsurface (mineral rights) can be owned separately. In other words, it is possible that a person may be the registered title holder of a parcel of land, but NOT of the minerals that lie underneath it. So, the first order of your business is to check the court order that finalized the probate of your late father's estate and determine description of the title to this land - it would also have to have specified whether or not this title includes the sub-surface rights. If you cannot determine this by looking at this order or the accompanying documentation that was filed during the probate proceedings, then you need to attend at the LAnd Title Registry where this property is listed and order a copy of the title - it will tell you all you need to know.

If it turns out that you DO NOT own the subsurface rights, but only the surface land, the mineral rights underneath it are opened for claims by diverse prospectors, pursuant to the Ontario Mining Act. In such an instance, an interested licensed prospector may enter your land with a prior notice and, if his exploitation causes damage to your surface property - pay you compensation for it. This access cannot be had without you prior consent if the interested prospector wants to dig underneath or around your house, farm, barn, stable, garden, field, etc.

However, if you have ALSO inherited the subsurface right on this particular piece of land then no one can stake a claim (explore the minerals, or develope a mine) without a lease or a royalty agreement with you.

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Counsel Creed, Expert

Thank you for your 5-star rating. Good luck with your venture and feel free to contact me again if you need further assistance.

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