Replies to This Discussion

Permalink Reply by FXEF on November 15, 2010 at 9:15

In a nutshell, the minerals have been reserved.

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Permalink Reply by Phillip Crump on November 15, 2010 at 11:07

The fact was that he did own them . now did he transfer them to me or not?

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Permalink Reply by FXEF on November 15, 2010 at 14:07

He did not transfer them to you.

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Permalink Reply by The_Baron on November 15, 2010 at 9:25

It means that the buyer says that he understands the sellor is not selling him the mineral because he doesn't own them anyways.

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Permalink Reply by Phillip Crump on November 15, 2010 at 11:05

In fact he did own them . now who owns them? did they go with the land or not?

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Permalink Reply by Mac Davis on November 15, 2010 at 11:53

I presume this is a land sale document. Is it the deed? What state, when was it executed?

Whatever else it says, "NONE OF THE MINERALS ARE HEREIN CONVEYED" sounds pretty darn clear to me that the buyer gets no minerals.

Sounds to me like whoever owned the minerals before the sale, still owned them after the sale. If the seller owned the mineral rights before the sale, he would still own them after the sale.

"PREDECESSORS IN TITLE" might be intended to mean the seller or anyone who owned the property before him. i.e. once the sale is complete, he's a "predecessor in title." Sounds like boilerplate language intended to cover any possible variation of "buyer gets no mineral rights."

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Permalink Reply by Phillip Crump on November 15, 2010 at 16:41

I purchased the land in Shelby County Texas in 1961 and the deed said
IT IS UNDERSTOOD AND AGREED THAT NONE OF THE MINERALS ARE HEREIN CONVEYED, SAME HAVING BEEN RESERVED BY PREDECESSORS IN TITLE. And I thought that I did not get any mineals. I sold the land in 1969 and my deed siad
GRANTORS do hereby Expressly Reserve and Retain (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.

There was a 15 acre tract included in this deed to which, I owned the oil, gas, and other minerals. There is no question about one half (1/2) of this land.
It is my contention that this was the only oil, gas, and other minerals that I owned when the 1969 deed was made.
Later it was discovered that he did own the minerals and the oil company is trying to say that I gave half all the minerals to the person that I sold the land to.

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Permalink Reply by benny688 on November 15, 2010 at 14:44

Mac's answer "buyer gets no mineral rights" seems to be the most clear. It is very common for landowners in East Texas to transfer surface rights to their children, but keep the mineral rights in irrevocable trusts for future generations.

GLTA

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Permalink Reply by Phillip Crump on November 15, 2010 at 16:41

I purchased the land in Shelby County Texas in 1961 and the deed said
IT IS UNDERSTOOD AND AGREED THAT NONE OF THE MINERALS ARE HEREIN CONVEYED, SAME HAVING BEEN RESERVED BY PREDECESSORS IN TITLE. And I thought that I did not get any mineals. I sold the land in 1969 and my deed siad
GRANTORS do hereby Expressly Reserve and Retain (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.

There was a 15 acre tract included in this deed to which, I owned the oil, gas, and other minerals. There is no question about one half (1/2) of this land.
It is my contention that this was the only oil, gas, and other minerals that I owned when the 1969 deed was made.
Later it was discovered that he did own the minerals and the oil company is trying to say that I gave half all the minerals to the person that I sold the land to.

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Permalink Reply by Mac Davis on November 15, 2010 at 21:44

Ahhh, now you're telling us the rest of the story. It's getting more complicated.

How much mineral interest does the oil company say you own now? Sounds to me like you should own 7 1/2 acres worth of mineral interest. How many acres in total did you sell? Who's getting screwed by the oil company in this transaction?

As always, free opinions from unknown people on the internet who haven't seen all the documents don't carry much weight in court. Of course, paid opinions from your lawyer don't carry much weight in court, either.

There are lots of open questions here. What, if any, obligation did you have to give the person you sold the land to information about what mineral rights you owned? What does Texas law say? What do the rest of the contracts and deeds say?

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Permalink Reply by Phillip Crump on February 4, 2011 at 8:45

Move it to the top

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Permalink Reply by Phillip Crump on February 3, 2011 at 12:28

Can anyone help me with this

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