My family and i still have our original deed and we don't really understand it to well. I can type exactly what is written and we just need help translating it if anyone can help. So these are the parts we are confused about.
Excepting and reserving an undivided eighty-five percent (85%) interest in and to all oil, gas and other minerals unto grantor together with the right of ingress and egress for the purpose of producing the same.
It is in the intention hereof that an undivided fifteen percent (15%) interest in and to all oil, gas and other minerals be vested in grantees pursuant to this contract.
My grandfather was selling his land to his brother and we think he was reserving his mineral rights or 85 percent of it. If that is right how many minerals would that be?
Also I have done a search for previous owners of the minerals and land. I found that it only traces back to my great grandmother and she passed everything down to my grandpa. Not sure if this helps at all.
Jessica, I gave my best answer to your question in the other thread. Please read it and delete the other thread as this one is in the proper place. I still agree with you providing those two sentences aren't nullified by other language elswhere in the document. As in the other answer in the other thread I am not an oil and gas professional, but the plain language speaks for itself, if thats all there is. RWK
We have confirmation from the divide county recorder that there was only a few deeds. So now we are pretty sure that my grandpa had 100 percent at the time before he sold the land. Right now leasing companies are telling us that we have 8 minerals, and my grandpa's brother is saying he has 15 minerals? We are really confused so please if anyone can help that would be great. Currently we are paying the abstract office 50 dollars an hour for a mineral search and i guess its going to take a month to get what we need. Help please
Providing that your grandfather owned 100 percent of the minerals at the time he sold the land to his brother, the language set forth in your post states that your grandfather retained 85 percent of the minerals and granted 15 percent to his brother.
Based on percentages, you determine net mineral acres.
Example: If a grantor sold and deeded 160 gross acres to the grantee subject to an 85 percent mineral reservation, then the grantor retained 136 net mineral acres. (160 X 0.85) The grantee acquired 24 net mineral acres. (160 X 0.15)