Does anybody know (besides going for a Quiet Title) if there is something a owner can file to correct the wording in a Quit Claim Deed that didn't clearly spell out the conveyance of "all" of the minerals?
This is how it reads on the deed:
"retains unto the grantor "oil interest" in the above described real property which is not conveyed with this deed"
Note: Only the interest to the surface was sold without conveying any of the minerals, but I'm told that the deed should have spelled out the "oil, gas, etc."
Kaye, if the parties to the Quit Claim Deed are still living and willing to sign a Correction Quit Claim Deed you
can have them execute it, have it notarized, and file it of record in the county the lands are located in.
The new deed should note that it is replacing the old deed, and have the language in it regarding the reservation of the minerals you intended in the previous deed.
So you intended to quitclaim the surface only and NO minerals but instead quitclaimed everything except "oil interest"? I don't even know what that phrase really means. Technically, you do not need the Grantee's signature on the Correction Quitclaim Deed; however, if you are lessening his interest, which you would be doing in this case since you are reserving more in the Correction than in the original, and the Grantee does not agree to it, he would have a cause of action against you. So Dirk is right to recommend that the Grantee sign it too.