New Hampshire Revised Statutes 498:5-e – Extinguishment of Mineral Rights
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I. A person claiming title to real property may bring an action in superior court to extinguish rights to minerals deeded at least 50 years before the filing of the action, by a predecessor in title, to any person who is unknown to the plaintiff or cannot be located, or if the party who may hold such mineral rights is a corporation no longer in existence or doing business or whose existence has been legally terminated.
II. If the plaintiff describes in the complaint as parties defendant “the unknown persons who claim any interest or estate in (and to) the subject matter of this action,” it shall not be necessary to set forth any further description of the unknown persons. If the plaintiff annexes to the complaint an affidavit setting forth the facts and the efforts made to ascertain the names and addresses of the unknown persons, the court may make a reasonable order relative to notice. Notice given under the order shall confer jurisdiction over all such unknown persons and the court may proceed to a hearing.
III. The court in any action brought under this section shall hear any claims, and if the court finds that the claims have been on record for 50 years or more before the date on which the action is filed, the court may enter a decree that the owners of the mineral rights shall be forever barred from enforcing them against the plaintiff, his heirs, and assigns.
II. If the plaintiff describes in the complaint as parties defendant “the unknown persons who claim any interest or estate in (and to) the subject matter of this action,” it shall not be necessary to set forth any further description of the unknown persons. If the plaintiff annexes to the complaint an affidavit setting forth the facts and the efforts made to ascertain the names and addresses of the unknown persons, the court may make a reasonable order relative to notice. Notice given under the order shall confer jurisdiction over all such unknown persons and the court may proceed to a hearing.
Terms Used In New Hampshire Revised Statutes 498:5-e
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
III. The court in any action brought under this section shall hear any claims, and if the court finds that the claims have been on record for 50 years or more before the date on which the action is filed, the court may enter a decree that the owners of the mineral rights shall be forever barred from enforcing them against the plaintiff, his heirs, and assigns.