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Permalink Reply by jffree1 on February 3, 2011 at 13:23

Phillip, you need a title attorney to explain what your deeds say.  I would say that if your deed did not expressly say that you were only conveying 1/2 of the minerals in the 15 acre tract because you did not own any minerals in the other tract (recognizing the prior reservations in the chain of title and giving notice of them to your buyer)  and the language just says you are conveying 1/2 of the minerals with a description that bounds both parcels... then you probably conveyed 1/2 of anything you might have gained in first tract. 

But I agree with FXEF that the minerals would stay with your Grantor of the first tract because your deed says that no minerals are being conveyed to you.  Of course, not having read any of these conveyances, my opinion is worth exactly the same as any of the other opinions on this thread.

I am not a lawyer...

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Permalink Reply by Phillip Crump on February 4, 2011 at 3:45

I have a son and a granddaughter that are lawyers but not oil and gas. They say i need a person that is familiar with oil ang gas. They are only smart enough to know that they dont know. Unit Petroleum says that I only own 1/2 of the minerals in the 49.79 acre tract. And wont pay on either half.

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Permalink Reply by Mac Davis on February 4, 2011 at 3:51

Once again,

 

How much mineral interest does the oil company say you own now?

 

How many acres in total did you sell?  i.e. the 15 acres plus how much more?

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Permalink Reply by Phillip Crump on February 4, 2011 at 7:03

They say I own 7.5 acres which is 1/2 of the 15 acre tract, and I agree. They say that 1/2 of the 49.79 acre tract is in dought so they will not pay on either half unless I will sign a division order saying that I only own 1/2 of the 49.79 acres. By the way thanks for your help

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Permalink Reply by Linda Whatley on February 4, 2011 at 9:49

Phillip,

 

I have to agree with Mac.  Sounds like you should own 7 1/2 acres worth of mineral interest.  The only way you could have conveyed 1/2 interest in both tracts would be if you owned the minerals in both tracts.  You stated above that you didn't own the minerals in both tracts, therefore, you can't convey something you don't own!!! 

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Permalink Reply by Phillip Crump on February 4, 2011 at 10:00

 

In 1954 I purchased 15 acres of land from my mother-in-law, and received the minerals, In 1961 I purchased 49.21 acres of land and the deed stated, "It is understood and agreed that none of the minerals are herein conveyed, having been reserved by predecessors in title".

This person had bought the 49.21 acres from my mother-in-law, so I was not concerned about the minerals and did not think that I received any. 

This land was also a part of my wife’s Grandfathers home place, which he got by a Patton.

 In 1969 I sold the property and the deed stated “Grantors do hereby Expressly Reserve and Retain one-half (1/2) of their present interest in the oil, gas and other minerals in and under and that may be produced from the above described lands, together with the right of ingress and egress for the purpose of developing, exploring and producing same, intending hereby to grant unto Grantee one-half (1/2) of their present mineral ownership in said properties and retaining one-half (1/2) of their present mineral ownership in said lands.” However the person who sold me the 49.21 acres did own the minerals as my  mother-in-law did not reserve them which Ifound out later so since he did own them did the statement "It is understood and agreed that none of the minerals are herein conveyed, having been reserved by predecessors in title".

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Permalink Reply by Linda Whatley on February 4, 2011 at 10:06

Who was the predecessors in title on the 49.21 acres? 

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Permalink Reply by Phillip Crump on February 4, 2011 at 10:12

That would have been my mother-in-law. but in fact she did not reserve them. so what does that do with the statement that none were being transfered.

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Permalink Reply by Linda Whatley on February 4, 2011 at 10:38

Phillip,

 

From what you have told me, it looks like the person who bought the 49.21 acres from your mother-in-law owns the minerals rights.  If "predecessor in title" refers to the grantor, the grantor reserved the mineral rights when they sold the property to you.  Therefore, when you sold the property in 1969, you could only grant 1/2 interest in minerals on the 15 acres, and not the 49.21 acres. 

 

But, like the others have said, that's just my opinion......I'm not a lawyer!!!  .... So, like jffree1said "you need a title attorney to explain what your deed says." 

 

Good luck in getting it all straight!!!!! 

 

P.S.  I think it all boils down to the interpretation of "predecessor in title."  Does that term refer to previous owner, or does it refer to the grantor in the present transaction?   If it is referring to the previous owner (your mother-in-law), then the mineral rights would have been conveyed to you since she never retained them in the first place!!!...     It's all in the wording!!!!....   Again, seek out a qualified title attorney. 

 

  

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Permalink Reply by Phillip Crump on February 4, 2011 at 10:50

Thanks for your opinion I wish I could get the gas co to agree with you. I did not explain that a few years later the person that iI bought the 49.21 acres from gave me a correction deed tha sys I now own them. But Unit production will not agree the say that the fact that he owned them when the first deed was made that he gave them to me at that time and I passed along 1/2 in the sale of the property.

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Permalink Reply by Linda Whatley on February 4, 2011 at 11:02

Well, that's another story.  Was the correction deed filed prior to you selling the 49.21 acres?  If so, the "correction deed" will override the origional.  So, it appears to me, that you did grant 1/2 interest in the minerals on the 49.21 acres when you sold it.  ......   Again seek out a good title attorney!!!!!!

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Permalink Reply by Phillip Crump on February 4, 2011 at 11:09

I got the correction deed 4/18/75 which was 6 years after the property was sold. Thank you so much for your help if it's worth fighting for I will pursue it. That's why I was trying to get some opinion's.

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