Who owns the mineral rights?
LESS AND EXCEPT one-half of the OGM occurring in liquid or gaseous form under said property.
This sale covers and includes an undivided 1/2 interest in and to ALL of the OGM on and under the above described property, and, additionally, covers and includes one-half of all royalties, benefits and payments allocated to that 1/2 interest, lessees are authorized to pay (Vendee) all such payments and royalties allocable to conveyed 1/2 interest.
My first time reading the language I thought she was trying to reserve 1/2 of her undivided 1/3 interest in and to the mineral estate. After further thought, I think she unintentionally granted all of her interest. She conveyed 1/2 of ALL OGM but only owned 1/3 of all. If the deed would have ended after the LESS AND EXCEPT, then she would have reserved her interest. What is your interpretation of the language?
Views: 31
Replies to This Discussion
-
Permalink Reply by ELLIS HUGH on
-
The partition (creation of the mineral servitude) was done in January 2003 and the sale of the 65.2 surface acres occured in January 2004. Sorry, I should have specified the dates.
-
-
Thanks for your input. The property was conveyed using a warranty deed, so the Duhig rule applies. The vendor signed a mineral lease after the sale and there is a producing natural gas well on the property, as well as, a recently permitted well. I did not complete the title on the tract or speak with any of the owners, but I think I will find a correction filed in reference to this sale. I'm glad I asked. I new of the Duhig rule, just forgot it by name. Thanks for the info.
-
-
They leased her for the entire 195.6 acres. She did not sell her interest under the remaining acreage. The well location is not on any of the family property. I think the landman assumed she reserved 1/2 of her mineral interest, as opposed to 1/2 of all OGM. This is the only explanation I have for her being leased, unless she acquired some interest elsewhere that I did not see (I did not run complete title). After confirming title, I may contact "madame X" and found out if she received a RDO from the operator. Or I will just steer clear of this property, it seems it may not be worth the time to deal with. Thanks again for the help.
-
Permalink Reply by Two Dogs, Pirate on -
There are holes in Duhig, be careful.
-
Permalink Reply by BirdDawg, plain ole' idiot on
-
Amen
Support GoHaynesvilleShale.com
Top Content
Blog Posts
Tuscaloosa Trend Sits On Top Of Poorest Neighbourhood For Decades - Yet No Royalties Ever Paid To The Community -- Why??
In researching the decades-old Tuscaloosa Trend and the immense wealth it has generated for many, I find it deeply troubling that this resource-rich formation runs directly beneath one of the poorest communities in North Baton Rouge—near Southern University, Louisiana—yet neither the university ( that I am aware of) nor local residents appear to have received any compensation for the minerals extracted from their land.
This area has suffered immense environmental degradation…
ContinuePosted by Char on May 29, 2025 at 14:42 — 4 Comments
Not a member? Get our email.
Groups
-
San Augustine, TX
386 members
-
Fayetteville Shale
151 members
-
Franklin County, Texas
10 members
-
DeSoto Parish
688 members
-
Bienville Parish, LA
246 members
-
North Caddo Parish
359 members
-
Cass County, TX
121 members
-
Nacogdoches County
193 members
-
Claiborne Parish
146 members
-
Natchitoches Parish
400 members
© 2025 Created by Keith Mauck (Site Publisher).
Powered by
