I recently found two patent deeds which address mineral rights for property we own in Lincoln County, Nevada. The first patent deed which was issued by the Federal government, addresses most of our property, was examined by the BLM who advised that we own the mineral rights on the property. The second patent deed (Patent deed No. 9143 issued in 1920) was issued by the State of Nevada for property originally granted to Nevada by the Federal government. The language pertaining to the mineral rights states:
"THEREFORE, KNOW YE, That the State of Nevada, in consideration of the premises, and in conformity with the Act of the Legislature in such cases made and provided, has given and granted, and by these presents does give and grand unto the said Henrietta Blaustein and to her heirs, the said tract above described, to have and to hold the same, together with all rights, privileges, immunities and appurtenances of whatever nature thereunto belonging, unto the said Henrietta Blaustein and to her heirs and assigns, forever; provided, that all mines of gold, silver, copper, lead cinnabar, and other valuable minerals which may exist in the said tract and, also, a right of way for ditches, tunnels, and telephone and transmission lines constructed by authority of the United States are hereby expressly reserved." (transcript of exact language)
It appears to me that this language can be interpreted in more than one way. I understand the language in the exception to say that "...all mines of gold, silver, copper, lead cinnabar, and other valuable minerals which may exist in the said tract" applies to mines of the stated minerals which existed at the date the patent was signed. There were no mines on our property when the patent was issued. The exclusion also includes "a right of way for ditches, tunnels, and telephone and transmission lines constructed by authority of the United States are hereby expressly reserved. There are ditches on our property associated with the local irrigation company but no tunnels and telephone and transmission lines. I understand this phrase to mean that the stated features are excluded or reserved only if they are constructed by authority of the United States which is probably a fairly rare event since I think most ditches, tunnels and transmission lines are under the jurisdiction of other governmental authorities. Since the mineral rights are not exclusively reserved by the State of Nevada in this patent deed, I assume we own them. I would appreciate comments from anyone who can shed some light on this language and how it should be interpreted. If I need further help to understand this issue, who best can I turn to that won't cost me an arm and a leg.