I found a general warranty deed for mineral rights only no surface rights/land is involved , the grantor has kept lifetime mineral rights and upon passing the grantee will take possession. The grantee has passed away ten years ago or more. the grantor is still living. upon the death of the grantor who will receive the mineral rights? i would think its the heirs of the grantee but the estate has been settled so long ago, it has made me think the current land owner will take possession? i have found other mineral right lifetime warranty deeds but they specifically say they will go to the current land owner. any help is greatly appreciated.524-image.jpg (192 KB) 525-image.jpg (227 KB)
Answer depends on the exact wording of the deed and related state law. You should consult an oil and gas title attorney in the state where the mineral rights are located.
I have uploaded the deed incase that would help. I am hours drive from a probate lawyer let alone an oil an gas lawyer. any insight, I would be greatful
If I were buying a lease on this property, I would look to see what happened to the original grantee.
If he sold the property and did not reserve all the minerals, I would buy the lease on the minerals in the deed that you uploaded from the owner of the surface. If he sold the property and only conveyed the surface, I would buy a lease from the heirs of the original grantee.
There are several more scenarios, but the key is what did the original grantee do with the property. Generally speaking, minerals run with the land and not a person.
The original grantee from this deed died an her children inherited it. They sold the property an minerals but those children are unaware that the grantors mineral intrest is due to their mom (grantee) upon grantors death.
The original Grantee died and the property was sold with no reservations.
That is the end of the story for me.
There is the doctrine of after acquired title that should apply and the doctrine means that the minerals that passed when the Original Grantor died, does not go to the heirs of the Original Grantee, but rather the people who own the property. A lawyer in your state experienced in such matter could easily tell you.
IF, the original grantee wanted the transfer to work the way you want it to work, then the original Grantee would have reserved the minerals in the deed and then conveyed the minerals to the original Grantee in a separate document, reserving a life estate in the minerals. But, that did not happen.
In cases like this, do not believe me or anybody else. Get legal representation. There are trips and tricks peculiar to the laws of each state. I have almost no experience in West Virginia law, but I already told you what I would do if I were buying a lease.Buddy Cotten
Thank you very much for your insight buddy!
Buddy, the way you just explained it is what I had thought. If that is the case here’s my new dilemma. grantee died a long time ago an she didn’t reserve rights, the first buyer of the property after her death did reserve the rights an it has been bought an sold two more times. the grantor in this cars is still living. Assuming you are correct about it going to the land owner, will they go to the first owner who reserved them or the current owner . Mind you the grantee had her own share that passed with the property the first time, the living grantors share is still with the grantor.
They generally run with the land. IF the first innocent purchaser reserved all of the minerals, including the after acquired minerals, then they own them. It is all in what the deed says.
I can't speculate unless I see the complete chain of title. Otherwise, it is like playing 20 questions.
In cases like this, do not believe me or anybody else. Get legal representation. There are trips and tricks peculiar to the laws of each state. I have almost no experience in West Virginia law, but I already told you what I would do if I were buying a lease.
Good Luck,Buddy Cotten
Chad, if you need an attorney I know three in the area that people have recommended.
Dean Rohrig is based in Tyler county Dean Rohrig
Scott Windom is based in Ritchie County, just south of Tyler and I know him and he is highly recommended
Kyle Nuttall is based a few counties away but does a lot of work in the area. He is very good and is a member of this forum Kyle Nuttall
You could contact any or all of them and ask questions. They should be able to help you
I am not an attorney but from what I know of West Virginia, I agree with Mr. Cotten