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Adverse Possession of Oil and Gas Interests in Arkansas

Adverse possession is a legal doctrine that allows a person to acquire legal title to real estate by taking possession of the property for a prescribed amount of time. This doctrine becomes more complex in the oil and gas industry because the surface and mineral estate can be severed, and titled vested in different owners. Then the mineral estate is divided into working interest, royalty interest, overriding royalty interest, and non-participating royalty interest and others. Some of these interests are subject to adverse possession while others are not. Our oil and gas practice group prepared this article to assist you in navigating the common oil and gas interests in Arkansas.