Basic Ownership Question

General Mineral Rights Discussion
1

I have a basic question. I purchased a tract of land several years ago via warranty deed. The WD did not state that the seller was witholding any mineral rights. In searching the deed history, I see that the seller did in fact own a 1/2 interest in the mineral rights on the property when I purchased the tract.

My question is this: do the seller's mineral rights pass with a warranty deed unless otherwise stated or must you have a separate mineral rights deed? If a separate mineral rights deed is needed I would guess I am out of luck since the transaction took place several years ago.

Thanks in advance.

Billy

2

I don’t know if it varies around the country or not (I doubt it does), but in Colorado they would pass with the warranty deed.

3

Thanks for your reply Lisa. This land is in Nebraska where I think it is possible I could be different. In the courthouse records for this tract in the past there was a mineral deed from a trust to an individual, so I know mineral rights can be conveyed with a mineral deed.

Does anyone else have any knowledge of NE mineral right conveyance procedure?

4

I think the mineral rights go with the surface unless previously reserved / severed.

5

One of the purposes of a warranty deed is to specifically set out what is being conveyed. A Warranty Deed conveys all or a specific portion of the grantor’s interest in and to described property forever. If there is a mineral reservation made in a warranty deed, then it is assumed that all of the minerals other than the ones being reserved pass to the Grantee. If making a reservation of minerals in a Warranty Deed that is to be “subject to” any prior mineral reservations, a recitation of the prior mineral reservation/s must be made in the reservation. Duhig vs Peavy Lumber Company

6

This is correct. However, notwithstanding the conveyancing language, if the description only referred to the "surface interest, or the surface estate" in the conveyed property, then that is all that is conveyed, notwithstanding any lack of reservations.


James H. McConnell, CPL said:

One of the purposes of a warranty deed is to specifically set out what is being conveyed. A Warranty Deed conveys all or a specific portion of the grantor's interest in and to described property forever. If there is a mineral reservation made in a warranty deed, then it is assumed that all of the minerals other than the ones being reserved pass to the Grantee. If making a reservation of minerals in a Warranty Deed that is to be "subject to" any prior mineral reservations, a recitation of the prior mineral reservation/s must be made in the reservation. Duhig vs Peavy Lumber Company
7

It’s a nice post over here.
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