Hello,
I was wondering if anyone can help with this dilemma:
Three brothers own property in equal undivided 1/3s, (surface and minerals) Brothers partition the property with "Mineral Partition Deed" in which two brothers grant to the other a tract in which the granting lanquage is stated like this: for purposes of effecting a partition between ourselves and _______ of the right, title, and interest in and to all the oil, gas, and other minerals in, on, and under and that may be produced from the following described tracts (tract description) - have granted, sold, and conveyed and by these presents do grant, sell, and convey unto the said _______, in fee simple, as a part of his separate property and to the sole use and benefit of his separate estate, all our interest in and to all the oil, gas, and other minerals in, on, and under and that may be produced from said tracts. Notwithstanding, anything herein to the contrary, this partition of all oil, gas, and minerals shall not take effect until the death of both ______ and ________(parents), such that the grantors and grantees shall continue to hold all such oil, gas, and other minerals in common until such time.........to have and to hold said oil, gas, and other minerals in, on, and under said land, together with all and singular the rights and appurtenances thereto in anywise belonging, with the right of ingress and egress and possession at all times for the purposes of mining, drilling, and operating for said minerals .......unto the said ______herein for themselves, their heirs........
The parents are still living, so my question is does this brother own 100% of the surface the tract? . I think he only owns 1/3 of the minerals because the parents are still living, but I'm confused because it seems as the intent of partition is so that this is his property to live on and maintain, but that he is not granted 100% mineral interest until after the death of the last parent. Is he the 1/3 surface owner or 100% surface owner?
Sandra