Scenario: Madame X owns 100% of the surface rights and 33.% of the mineral rights on a 65.2 acre tract. The surface and minerals were originally part of a larger tract (195.6 acres) that 3 siblings shared an equal undivided interest in (1/3 each). The property was then partitioned with each member receiving separate surface tracts and the minerals were reserved by each party, giving them each a 1/3 mineral interest in the entire tract and separate surface estates. Okay, the next year, Madame X sell her 65.2 acres and it has the following language after the property description:

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?

Tags: mineral, rights

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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.
There are holes in Duhig, be careful.
Amen
It may have just been a protection lease.

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