In Texas, does a newly executed and filed mineral deed have to say “BY EXECUTING THIS DEED YOU ARE CONVEYING ALL OR A PORTION OF YOUR MINERAL RIGHTS IN XXX COUNTY, TEXAS” at the bottom in bold and caps to be effective?
This is often referred to as blanket language, and you don’t have to have it in the deed. There’s a good chance you may own minerals within other areas of the county and by using that language, you are agreeing to convey those minerals as well without consideration (payment) for them. Be wary of these types of clauses. If they’re buying 20 acres from you, but they know of 80 acres elsewhere that you own, but don’t know about, they’re getting a large portion of your minerals for free. Best of luck!
YLook to the granting clause…It generally has language like, “Grantor does hereby grant, set over and convey to Grantee all right, title and interest…”
If the blanket language is in the granting clause, it would be a lot easier to assert that was the intention of the parties. What was the agreed transaction? X number of dollars for your interest in a defined area or X dollars for everything you own, whether accurately described or not?
If the Mineral Deed language does not reflect the agreement of the parties, don’t sign the Mineral Deed. That’s my $.02 worth.
Best of fortune,