America’s conversation place for mineral owners
Could anyone please explain this conveyance language in a quitclaim deed that was issued against me by a chancery court on Amite County Mississippi. "
For the record I entered into a real estate sales contract as the seller. In that contract I reserved for myself 100% mineral fee in the property. I have title to the minerals recorded in the land records prior to this quitclaim deed executed on my behalf.
The judge in that case order the chancery clerk to execute a quitclaim deed on my behalf. It stated in part " all of my right title and interest, together with all improvements situated thereon and appurtenances thereunto belonging. This conveyance is subject to any and all prior reservations and or conveyances of oil, gas and other minerals by predeceasors in title."
Does my contact reservation of the mineral fee estate protect my mineral estate from being conveyed in this quitclaim deed?
And also does my recorded title to minerals protect my mineral estate from being conveyed in this quitclaim deed?
Court of Civil Appeals of Oklahoma, Division N0.1: Young v. Vermillion
The Mississippi Court distinguished the "Duhig Rule" stating: a quitclaim deed operates only as a conduit to pass the interest to the grantee. To determine what interest passes by a quitclaim deed, a grantee or any interested person, must look to the chain of title prior to the deed to determine what interest the grantor had to convey and subtract therefrom any express reservation in the quitclaim deed. .... Therefore my prior reservation in title as well as my real estate sales contract protected my mineral fee estate, from the quitclaim executed by the chancery clerk. Hello, Federal District Court.