Subject to exception

I’m not sure if my grandfather had mineral rights to his property that was deeded to my father. My dad was basically scammed out of the land, and I understand there’s nothing we can do now, but it’s always bothered me that I keep thinking about mineral rights. I saw something about them on the deed my dad signed over when he sold the land, and I also saw something about mineral rights throughout the paperwork I found of my grandfather’s. Is there any way to find out if my grandpa owned them?

And this was 4 years ago since the selling of the land. I noticed on the paperwork from selling the house that it said “SUBJECT TO EXCEPTION” on it as far as something I just don’t know what! Can anyone also explain to me if that means anything, please?

Welcome to the forum, Gigi. It’s possible that the deed to your grandfather itself can tell you whether the minerals were excluded from his purchase of the property. Read it to see if there is a reservation of minerals. If this doesn’t tell you, you will need to hire either a landman or an oil and gas attorney to do a mineral title search. If you are well-versed in how the deed records indexing system works, you can attempt to do this yourself. The exception on the deed deletes something from the title being conveyed. You will need to read the exception in the deed to see what that was.

I seen subject to exception on the deed of my grandfather’s land and for some reason I’ve been wondering what does that mean. If anybody can tell me I believe my grandpa still owns mineral rights and on the deed when my dad sold the property, it said subject to exception, and I’m trying to figure out what it means.

I just need someone to desperately help me understand what exception subject to exception and mineral rights and land ownership how all that works if my grandfather deceased if he still owns the minerals and the oil company owned a third of the land, so does that mean there’s possibly oil or other minerals on there?

You would need a landman or attorney to do the research for the title going back many generations. We cannot comment without seeing the language of the deed and even then, it would be better to have a professional give a rigorous look at the deed.

As to the oil and gas potential, that is entirely related to the location.

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Did your grandpa or dad ever lease or get monthly checks on the minerals in question? If they didn’t, it’s 99.9% likely that the subject to exception was carried over from prior deeds and only surface was conveyed.

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