I have a question about the reservation of mineral rights. Hopefully im posting this in the right category. Here is my question: is a lifetime reservation of minerals/royalties the same as or can be interpreted as the full reservation found on other leases for individuals and their family heirs. With the question being asked here is the history: Father gives daughter farm in the 1940's he reserves the lifetime rights to enjoy the minerals/royalties. It is not written as a normal reservation of minerals for him and his family forever. It is written more like when someone buys a piece of property and someone has lifetime living rights on it. When that person is deceased, so are their rights. More history: When the daughter sells the farm 1950's dad is deceased. As I read it, I am saying that when daddy died, rights went back to the daughter. To support this, when she sells the farm the deed includes that the mineral rights are included in the sale to the purchaser implying that the minerals went back to the farm/daughter. Any info would be greatly appreciated.
I think it all really depends on how the language of the lifetime reservation was constructed. Small mistakes can really take the intent of the life estate in different directions from what was planned. Your scenario sounds correct (from my knowledge of Kansas laws) but that also depends on other factors. Was it ever produced during the time of the father or daughter ownership?
The property was never produced, thank you for your imput
Without knowing for sure, the scenario you describe sounds like the minerals passed when the father died, and daughter sold the property without reserving the minerals (in effect passing them to the new owner).
That is how I am looking at it as well.
Did you find old deeds in the family files, or start looking up old family farms to inquire about minerals?
This sprouted from a company telling me that I had only the executive rights to my property. No minerals royalties etc. This is after it had already been leased by another company telling me that I owned 100%. So I decided to do a little research myself to see who between the two companies made the mistake. These all came from courthouse records as i traced the history of the property. After discovering the reservation I decided that This is where the one company could have came up with me not owning them.
Sounds quite possible. What state are the minerals located?
West Virginia
I'm not sure that it is possible for you to have executive rights without minerals unless you own the surface.
I do own the surface
It sounds like you own all rights. Unless the daughter reserved for herself, or deeded the minerals separately to another party. Who does the company that says you only have executive rights think owns the minerals?
They did not say, and also the letter said that it was only good upon title examination. So I don't think there was enough research at that time.
Are you still leased with the first company? How does the company who says you only have executive rights come into the picture? Did they acquire the first lease? Have any pools or units been created, or are they in the process of being put together (that includes your minerals)?
I am still leased with the first company. The other company was trying to lease it not knowing it had already been evidently.
They can say whatever they want. They haven't leased you. Someone probably saw the earlier mineral reservation without realizing it was only a lifetime mineral reservation (and the fact that the person reserving that right is deceased). Oversight on their part. Often times "quick" or "short" research is done to engage a new lease, and then a complete search is done after. This allows companies to acquire leases quickly without consuming vast amounts of time on title research and potentially lose a lease to another company. Accurate title work is priceless. At the same point, I am sure there are a few people willing to acquire leases without verifying ownership by title work. Not something I would ever recommend, but I have seen a few instances before.