Texas TAR-1905 (Addendum for Reservation

Oil and Gas Leasing Help
1

I am not an attorney but have a couple of questions;

  1. Does the EXCLUSION of TAR-1905 (Addendum for Reservation of Oil, Gas, and Other Minerals) mean these reservations ARE passed on to the Buyer?

  2. Is additional written statement(s) in contract to purchase a home/property need to be made by Seller definitely saying (s)he waives/surrenders any/all Oil, Gas, and Other Minerals that may exist on/beneath property?

    I hope this makes some kind of sense! Thanks.
2

I am not an attorney either, but.

1. If the Addendum for reservation was included in the Deed, then the minerals were reserved to the extent called for in the Addendum. Therefore the exclusion of the addendum would make you think that the minerals were not conveyed. Not so. A reservation of minerals can occur essentially almost anywhere in the document, though some places have more effect than others. So the answer is that you need to read the entire Deed - word for word - looking for a reservation of minerals.

2. No. However, if the contract to purchase says the minerals were to be reserved and they were not, the Seller could petition the court for a reformation of the deed based on mutual mistake.

I hope this makes some sense, too.

3

Thank you for the reply! Near the top of the addendum it states: “NOTICE: For use only if Seller reserves all or a portion of the Mineral Estate.” I understand what you typed, but – just in case! – had the TAR-1905 successfully removed from the contract.

Buddy Cotten said:

I am not an attorney either, but.

1. If the Addendum for reservation was included in the Deed, then the minerals were reserved to the extent called for in the Addendum. Therefore the exclusion of the addendum would make you think that the minerals were not conveyed. Not so. A reservation of minerals can occur essentially almost anywhere in the document, though some places have more effect than others. So the answer is that you need to read the entire Deed - word for word - looking for a reservation of minerals.

2. No. However, if the contract to purchase says the minerals were to be reserved and they were not, the Seller could petition the court for a reformation of the deed based on mutual mistake.

I hope this makes some sense, too.

Buddy Cotten

www.cottenoilproperties.com