# Mineral Deed and Land Deed
**URL:** https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374
**Category:** Ownership and Title
**Created:** [April 29, 2024, 12:57am UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374 "2024-04-29T00:57:24Z")
**Posts on this page:** 9
**Page:** 1
### Author:  [@jpatul](https://www.mineralrightsforum.com/u/jpatul)
#### Post date: [April 29, 2024, 12:57am UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/1 "2024-04-29T00:57:24Z")
My mother-in-law passed away approximately 2 years ago and I’m trying to help my wife settle her estate. She sold land in BC but retained the mineral rights.
I researched the county records and see the following:
- WD recorded by persons who bought the land
- OGL recorded by Chesapeake Energy (I have no info on this lease)
Questions: Should I see a mineral rights deed filed by my mother-in-law? I don’t.
This is a non-income producing property so far - I assume it’s not worth hiring an attorney to change the name to my wife/sister?
I am learning so be nice.
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### Author:  [@Dusty1](https://www.mineralrightsforum.com/u/Dusty1)
#### Post date: [April 29, 2024, 3:43am UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/2 "2024-04-29T03:43:24Z")
Not an attorney, and also not sure where you are saying this land/mineral interest is located, but generally if the recorded deed you found stated that your mother-in-law retained the mineral interest when she sold the property, then she wouldn’t have been required to record anything further.
Was your mother-in-law the lessor on that recorded lease with Chesapeake that you mentioned? If not, and the individual she sold to was the lessor, then something more may be required.
Depending on the State law involved, settling your mother-in-law’s estate will require probate or other recorded means to transfer the title to that mineral interest to your wife and her sister.
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### Author:  [@Richard\_Winblad](https://www.mineralrightsforum.com/u/Richard_Winblad)
#### Post date: [April 29, 2024, 3:55pm UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/3 "2024-04-29T15:55:21Z")
Generally speaking, a warranty deed conveys all property unless the mineral interests were specifically reserved. An attorney in the state where the property is located should be able to answer that question promptly.
_ **This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.** _
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### Author:  [@jpatul](https://www.mineralrightsforum.com/u/jpatul)
#### Post date: [April 29, 2024, 5:58pm UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/4 "2024-04-29T17:58:28Z")
Thanks for the quick reply. The problem is we don’t have the documents. We are going to sign up for the website so we can get access. Bryan County records have Grantor/Grantee and her mom is Grantor in both filings. My gut feeling is it will be too expensive to hire an attorney to change the name since the property has not produced any income yet. Bryan County has a sub-probate process for non-residents. She also had mineral rights in Independence County, Arkansas, which has produced some minor income, but is it worth spending a few thousand to hire an attorney? We’re in the info gathering phase.
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### Author:  [@jpatul](https://www.mineralrightsforum.com/u/jpatul)
#### Post date: [April 30, 2024, 3:03pm UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/5 "2024-04-30T15:03:45Z")
Got the documents. Sale of land (July 2007) - no mention of retained MR. She was able to execute an OGL in Sept 2007 with Chesapeake so she must have had the rights. Do MR have to be recorded if they are not part of the land sale document?
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### Author:  [@Mineral\_Owner5](https://www.mineralrightsforum.com/u/Mineral_Owner5)
#### Post date: [April 30, 2024, 3:10pm UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/6 "2024-04-30T15:10:46Z")
A landowner can sell the land and reserve the mineral rights or a portion of them on the deed. But if the landowner did not own any at the time of sale it would not make any difference.
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### Author:  [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [April 30, 2024, 3:20pm UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/7 "2024-04-30T15:20:02Z")
You need to have the deed reviewed by a title attorney to determine whether mineral rights were retained in light of state law. Wording matters, such as assigning only surface or specifically retaining minerals. Chesapeake could have taken a lease based on a title run before July sale.
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### Author:  [@jpatul](https://www.mineralrightsforum.com/u/jpatul)
#### Post date: [April 30, 2024, 5:47pm UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/8 "2024-04-30T17:47:50Z")
Yeah, thank you. The deed is short and again, makes no mention of mineral rights just real property but perhaps I missed something. But this, to me, seems easy since it’s non-revenue producing. Why spend money for an attorney?
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [July 28, 2024, 12:57am UTC](https://www.mineralrightsforum.com/t/mineral-deed-and-land-deed/75374/9 "2024-07-28T00:57:58Z")
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