Sheridan v. Cassel, 2011 La. App. LEXIS 726

Sheridan filed a petitory action in Sabine Parish seeking declaration of ownership of all minerals under 3.27 acres at issue.
Cassel previously conveyed 3.27 acres to Sabine River Authority in 1966, reserving minerals to himself; later sold 80 acres to Ray in 1969 without reserving minerals.
Cassel’s 1980 deed to Sheridan conveyed all of his interest in Gertrude Ray’s estate, purportedly including minerals under the 3.27 acres.
Trial court granted Sheridan summary judgment, holding that Cassel’s 1969 sale conveyed minerals under the 3.27 acres to Ray and that Sheridan acquired them in 1980.
Cassel moved for summary judgment arguing he retained a permanent mineral servitude and that public records show he did not convey the minerals; Sheridan moved for summary judgment supporting her ownership theory.
Appellate court affirmed the trial court’s grant of summary judgment in Sheridan’s favor, holding that ownership of immovable property and its incidents, including minerals, pass with a conveyance unless reserved.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Cassel conveyed minerals with the 1969 sale to Ray.	Sheridan: minerals conveyed with 80 acres because no mineral reservation in 1969 deed.	Cassel: no minerals conveyed; Ray’s deed did not include 3.27 acres or Cassel’s mineral servitude.	Yes; minerals conveyed with the 1969 sale; Sheridan owns minerals under 3.27 acres.

Texaco, Inc. v. Newton & Rosa Smith Charitable Trust, 471 So.2d 877 (La.App. 2 Cir.1985) (ownership includes minerals unless expressly reserved)
Lee v. Giauque, 154 La. 491, 97 So. 669 (La.1913/1923) (separate servitudes for minerals on distinct tracts)
Ohio Oil v. Ferguson, 34 So.2d 746 (La.1946) (mineral rights create servitudes over separate tracts)
Steele v. Denning, 445 So.2d 94 (La.App. 2 Cir.1984) (sale or reservation creates a real right in minerals)
Roemer v. Caplis, 369 So.2d 1186 (La. App. 2 Cir.) (mineral rights incidents implied by conveyance)