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? This is what it says on our deed. We know that my grandpa started with 100 percent according to the divide county recorder.
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.
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
-Jessica
Fax the leasing companies a copy of your deed. I think they should have to rebut with an actual document. stop your expensive search and let them prove you wrong. You are doing their title work for them. If you want to do something title wise, record it in your own names if it isn’t already. If they pay your grandpa’s brother for something he doesn’t own, it’s no skin off your nose. I hope you haven’t wasted too much money already. You could pay a person forever at $50 an hour to prove a negative. RWK
There is not such thing as 8 minerals vs 15 minerals. They are either describing percentage interest in total mineral interest (which would be 85% vs l5% as per your language) or they are describing mineral acres, which would be 85 for you and 15 for the other party only if describing a 100 acre parcel. Royalty acrea are totally diffferent. You have one mineral acre per surface acre (if fully vested) and 8 royalty acres per mineral acre. Perhaps that is where the 8 comes in, but it seems that you would have 85% of 8 (x total mineral acres) in terms of your net royalty acres. Mineral acres were broken down into 8 royalty acres because of the long standing "tradition" of giving the lessor a 1/8th interest as to royalty when negotiating leases.
Good advice is not to pay an abstractor for a mineral search as it will ultimatly contain a million disclaimers anyway. You can trust a reputable mineral attorney, but he will not be cheap. Try to negotiate the maximum amount you think you own. The lessee will do a thorough search as to mineral interest before clearing your draft for payment. If you are overpaid, worst case scenario is that they will try to reclaim some of the up-front bonus money and will pay production income (royalty), if applicable, as per their own determination. Of course, if you don't agree with their determination....back to attorney.