Could anyone explain this conveyance language in a quitclaim deed that was issued against me by a chancery court in Amite county Mississippi. I entered into a real estate sales contract some years ago as the seller. In that contract I reserved for myself 100% mineral fee in the property.
" The quitclaim states " all my right title and interest, together with all improvements situated thereon and appurtenances thereunto belonging. This conveyance is subject to any and all prior reservations and / or conveyances of oil, gas and other minerals by predeceasors in title."
Does my contract reservation of the mineral fee estate protect my interest from being conveyed by this quitclaim deed clause?
Does my recorded title to minerals also protect my mineral interest from being conveyed by this quitclaim deed?
Court of Civil Appeals of Oklahoma, Division 1, Young v. Vermillion.
The Mississippi Court distinguished the "The Duhig Rule" , stating: "a quitclaim deed operates only as a conduit to pass the grantors interest to the grantee. To determine what interest passes by a quitclaim deed, a grantee or any interested person, must look to the chain of title prior to the deed to determine what interest the grantor had to convey and subtract therefrom any express reservation in the quitclaim deed. ... Hello, Federal District Court.
1 Like
Not likely, but I have no idea what a quitclaim deed that was issued against you means.
A quit claim in not a deed without warranty. A true quitclaim deed has not words of conveyance. A true quitclaim deed only says "quitclaim" which as been judicially defined as"release or quit any claim to"
Also a quitclaim deed only quits or releases whatever interest the grantor is possessed with (even none) in that instant in time.
1 Like