Can someone tell me what the “industry standard” would be concerning whether the following words (written in a warranty deed) would be considered a possible conveyance of mineral rights, or more specifically, a lack of the reservation thereof. In this instance, the “conveyor” was a bank that had repossesed the property and was selling it to me. This is my deed. No one in the past had reserved any of the “interest” in the “minerals” that are mentioned in this deed. I’m told that this deed was poorly written, and I understand fully that the intrepretation of these words depends upon the intent of the seller (i.e., the bank). However, I was wondering whether I need to get this title cleaned up so that an oil company will honor my (mineral) rights or so a landman will not presume that I have none of those rights. Thanks. (By the way, the bank no longer exists, which causes me to have another question, namely “under someone’s presumption that the bank DID reserve these mineral rights, who would the owner thereof now be and how could their ownership thereof be either proven or disproven? as I’m told that if mineral ownership is transferred, there will be a record thereof due to an excise tax being paid at the time of transfer.”)
THE TITLE SAYS: . . . . to wit:
(legal description here) LESS AND EXCEPT the east 25 feet for road purposes. (paragraph ends)
(new paragraph begins) LESS AND EXCEPT all interest in and to all of the oil, gas and other minerals in and under that may be produced from said premises; interest and estates of whatsoever nature incident to or growing out of said outstanding minerals. (paragraph ends)
together with all the improvements thereon . . . . . .
