Multiple acquisitions of land from multiple individuals and entities was made in the assemblage of a 10,000 acre ranch. At some point The ranch was sold and 1/2 of all minerals owned at the time of the conveyance were reserved for the benefit of the Grantor. In the conveyance some of the tracts were conveyed by General Waranty Deed whil others were conveyed by Special Warranty Deed (both included within the same conveyance document).
Does the portion conveyed by Special Warranty, by its very nature, negatively impact the rights of the successors to the Grantor for those mineral rights that were reserved?
As a further item, for certain (but not all) of those parcels wich were conveyed by Special Warranty, the land owner, who arguably has the other 50% of the minerals entered into a Stipulation of Ownership in Minerals and the beneficiaries of the origianal Grantor and the Grantee specIfically stated for public record as to how the minerals were owned for certain tracts. That owner then sold to a new group who now is pursung a Trespass to Try Title suit.
I have been told that despite the fact that the Stipulation as to Ownership in Minerals is a public document, properly recorded in the county, that it means nothing.
I welcome your thoughts and opinions
I believe that a stipulation of interest may absolve a third party of liability but has no effect on actual ownership.
Not true at all. Mineral owners are free to stipulate their actual ownership. It is often done to clear up unclear mineral title.
It helps though if they had legal title to begin with.
Dear Bob,
For a Stipulation of Interest to work the way it is supposed to, there has to be words of grant, cross conveyance,etc to effect the transfer (stipulation). This only Stipulates the interest between the parties, but has no effect on any other interest owner.
Buddy
I am needing a stipulation of interest form. I read your discussions & they partially apply to me, but
I need further help with this. Devon is trying to calculate into the net mineral acres owned, a factor
because of another owner having a NPRI. This is greatly reducing what my decimal interest is. Why should
my decimal interest be reduced??? I should get the full agreed amount of 3/16. I also got a lease bonus. In
my thinking, the NPRI owner should not of gotten lease bonus, but should get the 3/16. Am I correct on
my way of thinking??? I can't seem to find anywhere how to calculate this to see if this a valid calculation
or even if there is another way to calculate this. Any & all help greatly appreciated. Any advice where to search or who to contact??
Buddy Cotten said:
Dear Bob,
For a Stipulation of Interest to work the way it is supposed to, there has to be words of grant, cross conveyance,etc to effect the transfer (stipulation). This only Stipulates the interest between the parties, but has no effect on any other interest owner.
Buddy
Spot on, exactly what I was thinking...has to have the proper language.
Buddy Cotten said:
Dear Bob,
For a Stipulation of Interest to work the way it is supposed to, there has to be words of grant, cross conveyance,etc to effect the transfer (stipulation). This only Stipulates the interest between the parties, but has no effect on any other interest owner.
Buddy