Sale of mineral rights legal question

[NMLoboOilBaron15]

My mom gave me some oil and gas rights awhile back and put a stipulation in the conveyance to me that said they were not to be sold. I am sure that many people would say that I need to honor that request and I would if I were in a different economic position. I am trying to sell them and have a deal in place except the purchaser is asking that she sign a clarification allowing for them to be sold. I am only trying to sell them so that my wife can stop working and stay home with our kids to help them learn since schools have been closed and looks like they will be for a long time.

My mom has said she is ok with me selling them but is not willing to be the person to allow it since she does not want to be the person giving permission to drill wells and frack the land. Long story with her but she has her opinion and I cannot change it.

That is the background and my main question is how do I get the property released from that restriction legally and allow for them to be sold without her being the person allowing for that sale? The state of New Mexico does not allow property to be given with entailments and it is specifically prohibited. I will post a link to the statute below. Does anyone have any experience with something like this or recommendations on how to get this done through a legal process allowing me to sell them?

NM Statute 47-2-1

[AJ11]

Could you long, long term [100 years with option to renew for $1.00?] lease your minerals, including the executive rights, to the would be purchaser with a royalty 0.01% and with a bonus of the amount for which you are hoping to sell? Or could you gift the minerals to your wife and then let her sell them? If the restriction in your deed is an entailment, and entailments are verboten under NM law, why would a buyer need your mother to sign anything?

[NMLoboOilBaron15]

I agree that the party that is buying should not need the release of the asset but they want a clean title since they are spending good money. Might have to get the issues in front of a judge to get over the hill but was hoping someone else has another idea or option. Thank you!

[maxroyalty]

I agree it sounds like the restriction would not hold up, but it depends on the specific language in the deed. If you had your mom reconvey the lands to you by a quitclaim deed, it would remove any restriction. That way she would just be conveying to you and not agreeing with your conveyance to a third party.