Help!!!! I understand what you are saying and have read this from several attorneys on their websites. With that said our attorney is consulting with a oil and gas attorney who has stated this...in a email...."The rights are part of the bundle of sticks that comprise the mineral estate. When a party reserves all of the oil, gas and minerals in, on and under the [property], the party is effectively reserving the entire bundle." which I am not sure how he can state this after all the research I have read. Please tell me if this sounds correct.
Thanks
Tina Henry
Wade Caldwell said:
Tina,
There are three basic types of deeds. A general warranty deed, a special warranty deed, and a quitclaim deed. It really depends on what they buyer insists on. If the buyer wants some kind of warranty, then try to limit it to a special warranty deed, where you are promising you have not done anything to convey the surface to someone else, but are not promising someone before you did not do something.
Yes, if you are retaining minerals, it needs to have language confirming access, etc. Your attorney should know what to put.
A quitclaim deed just says you are conveying whatever you have but there is no warranty.