Rule 12-703 - Trust for Unknown or Missing Owner of Severed Mineral Interest(a)Petition to Create Trust.(1)Generally. An owner in fee simple of a surface estate subject to a severed mineral interest that is vested, in whole or in part, in an unknown or missing owner may file a petition to place the mineral interest of the unknown or missing owner in trust. The petition shall be filed in the circuit court of any county in which the surface estate is located. Cross reference: Code, Environment Article, §§ 15-1201 through 15-1206.
(2)Contents. The petition shall be captionedIn the Matter of .. stating the location of the surface estate subject to the severed mineral interest. It shall be signed and verified by the petitioner and shall contain at least the following information: (A) the petitioner's name, address, and telephone number;(B) the name and address of all other surface owners;(C) the reason for seeking the assumption of jurisdiction by the court and a statement of the relief sought;(D) a legal description of the severed mineral interest;(E) the name, address, telephone number, and nature of the interest of all persons with a legal interest in the severed mineral interest, including any unknown or missing owners, and their heirs, successors, or assignees;(F) an affidavit of the petitioner stating that the identity or whereabouts of one or more owners are unknown and describing the reasonable efforts made in good faith to identify and locate each unknown or missing owner who is the subject of the petition;(G) the nature of the interest of the petitioner;(H) the nature and location of the surface estate subject to the severed mineral interest; and(I) an affidavit of the petitioner, affirming fee simple ownership of the surface estate and including a reference to each recorded document establishing such ownership. If any person whose name is required information under this subsection is unknown, that fact shall be stated. If any person is the unknown heir of a decedent, that person shall be described as the unknown heir of __________, deceased.(b) Service. The proceeding shall be deemed in rem or quasi in rem. A copy of the petition and attached documents shall be served on all persons with a legal interest in the severed mineral interest named in the petition and all surface owners who have not joined in the petition. Service on a person alleged to be unknown or missing shall be pursuant to Rule 2-122. Otherwise, service shall be pursuant to Rule 2-121.(c)Hearing. The court shall hold a hearing on the petition.(d) Order Creating Trust. If the court finds that the title to a severed mineral interest is vested, in whole or in part, in an unknown or missing owner, the court may enter an order: (1) placing the severed mineral interest of the unknown or missing owner in trust;(2) appointing a trustee for the unknown or missing owner;(3) if it is likely that any revenue will accrue to the benefit of the unknown or missing owner, directing the trustee to create a separate trust bank account to manage all trust assets; and(4) authorizing the trustee to lease the mineral interest to the owner of the surface estate, subject to any conditions the court deems appropriate. Cross reference: See Rule 1-324 concerning notice of the order sent by the clerk to the parties.
(e)Administration of Trust. A trust created under this Rule shall be administered pursuant to Rules 10-702 to 10-712.(f)Termination of Trust(1)Petition by Unknown or Missing Owner.(A) Generally. An unknown or missing owner whose interest in a severed mineral interest has been placed in trust, at any time prior to the filing of a petition under subsection (f)(2) or (f)(3) of this Rule, may file a petition to terminate the trust and convey the interest to the petitioner. The petition shall be signed and verified by the petitioner, filed in the court that created the trust, and name as respondents the trustee, each surface owner, and each other person with a legal interest in the minerals.(B) Contents. The petition shall be captionedIn the Matter of .. and shall state: (i) the petitioner's name, address, e-mail address, if any, and telephone number;(ii) the name, address, e-mail address, if any, and telephone number of the trustee and each surface owner;(iii) the nature and extent of the petitioner's legal interest in the severed mineral interest in trust and include a reference to each recorded document establishing that interest and be accompanied by any unrecorded document establishing that interest; and(iv) whether, the petitioner has recorded or intends to record a notice of intent to preserve the mineral interest in accordance with Code, Environment Article, § 15-1204.(C) Service. The petition shall be served on each respondent in accordance with the provisions of Rule 1-321(a).(D) Response. A respondent shall file a response to the petition within the time prescribed by Rule 2-321.(E) Hearing. Unless waived in writing by all parties, the court shall hold a hearing on the petition.(F) Order. If the court finds that the petitioner is the unknown or missing owner whose severed mineral interest was placed in the trust, that the petition is timely and in compliance with this Rule, and that the trust with respect to that mineral interest should be terminated, it shall enter an order (i) terminating the trust as to that mineral interest, (ii) directing the trustee to file a final accounting, convey the mineral interest to the petitioner, and distribute all proceeds in accordance with the accounting, as approved by the court, and (iii) assessing costs as it deems just under the circumstances.(2)Petition by Trustee.(A) Generally. If the unknown or missing owner of a vested severed mineral interest to whom notice of the petition or order was given does not contest or move to terminate a trust created under this Rule on or before five years after the date that the court issued the order creating the trust, the trustee shall file a petition to terminate the trust and to convey to the surface owner title to the severed mineral interest. The petition shall name as respondents each surface owner and each person with a legal interest in the minerals, including any unknown or missing owners of the severed mineral interest.(B) Contents. The petition shall be captionedIn the Matter of stating the location of the surface estate subject to the severed mineral interest. It shall be signed and verified by the petitioner and shall contain at least the following information: (i) a legal description of the severed mineral interest;(ii) a description of the putative property interests of each party;(iii) the last known address of each party;(iv) an affidavit signed by each surface owner, affirming fee simple ownership of the surface estate and requesting the court to convey title to the severed mineral interest at issue; and(v) an affidavit signed by the petitioner, affirming that after conducting a diligent inquiry, including a search in each county where the severed mineral interest is located, performed in accordance with generally accepted standards of title examination of the land records of the county, the records of the register of wills of the county, and the records of the circuit court for the county, the trustee cannot locate the unknown or missing owner.(C) Service. The petition shall be served on each respondent in accordance with the provisions of Rule 1-321.(D) Hearing. The court shall hold a hearing on the petition.(E) Order Terminating Trust. The court shall enter an order requiring the trustee to convey the unknown or missing owner's mineral interest to the named surface owner if (i) the petition was filed more than five years after entry of the order creating the trust, (ii) the unknown or missing owner does not appear to contest the petition, and (iii) the court finds that the person named in the petition as surface owner is in fact the fee simple owner of the surface estate. After receiving the final report of the trustee as required by Code, Environment Article, § 15-1206, the court shall enter an order (a) terminating the trust as to that mineral interest, (b) directing the trustee to file a final accounting, convey the mineral interest to the surface owner, and distribute all proceeds in accordance with the accounting, as approved by the court, and (c) assessing costs as it deems just under the circumstances. Committee note: If the mineral interest is located in more than one county, conveyance by the trustee requires recordation in each county in which the surface estate is located.
Cross reference: See Rule 1-324 concerning notice of the order sent by the clerk to the parties.
(3)Petition by Surface Owner or Other Interested Person. If the trustee does not file the petition within the time prescribed in subsection (f)(2) of this Rule, the surface owner or any person with a legal or beneficial interest in the severed mineral interest placed in trust may file a petition to direct the trustee to comply with subsection (f)(2) of this Rule or to appoint a substitute trustee to do so. The petition shall be served on the trustee in accordance with the provisions of Rule 2-121 and further proceedings shall be in accordance with subsection (f)(2) of this Rule. Md. R. Prop. Act'n 12-703
Adopted June 7, 2011, eff. 7/1/2011. For duties of the trustee, see Code, Environment Article, § 15-1206. .