I don’t know anything about all of this stuff, but I inherited a piece of land from my deceased
grandfather, and I don’t understand the entry on the deed regarding my
mineral rights. I can’t tell if I own the mineral rights or not.
Here is exactly what it says on the deed:
"…Also
known as Parcel C-6; and subject to any and all reservations,
restrictions, and easements of records and excepting and reserving all
oil, gas, and mineral rights."
Can someone please explain this to me?
Thanks,
Andrea
No you do not own the mineral rights. An exception or reservation means something is not passed with the rest of the property–in this case, mineral rights.
Dear Andrea,
It is very clear that you do not own the mineral rights. Also, it is not unusual language at all, if the conveyance was a Warranty Deed. The crafter of the instrument was reserving the mineral rights which were pretty likely reserved by his predecessors in title. The reservation was not to the Grantor necessarily, but reserving the minerals in this fashion would keep the warranty provision of the conveyance intact. In this case, the reservation appears to be actually contained in the description of the lands portion of the conveyance and was likely copied verbatim from the deed into your grandfather.
To be sure, you could have the mineral title examined and an opinion rendered.
Ted Preston said:
Andrea, that’s odd language for a deed from a decedent’s estate. Why would an estate reserve mineral rights? I agree with Lisa: the deed appears to reserve the mineral rights to the Grantor, it just doesn’t make sense that an estate would reserve the minerals. If I were you, I’d check your grandfather’s will, and determine whether he intended to reserve the minerals and pass them to someone else. It’s entirely possible that the attorney who administered your grandfather’s estate screwed up, and used mineral reservation language from an inappropriate deed form. In that case, the estate still technically owns the minerals rights. If your grandfather’s will passed the land to you, and made no mention of the minerals, you should contact an attorney, re-open your grandfather’s estate, and convey the minerals out.
Andrea,
A couple of pieces of information would be helpful. What state are you in? When was the original reservation made? Was the reservation on a deed to you or on the deed where your grandfather bought the property. Is this the complete reservation language?
In most states this is not sufficient language to reserve the minerals onto the grantor. Google the Duhig Rule. Also, if your state recognizes this as a sufficient reservation, a lot of states have a dormant mineral law that you should look into, depending on the date of the reservation.
I disagree that it is “obvious” you do not own your minerals.
-Randy