Here is the question? On two different Warranty Deeds. The first one shows a caption on the land, and under that it shows a " Less or except " on the mineral rights for that plot of land. The other Warranty Deed shows the caption for the land, but has not "less or except" caption for the mineral rights. On the first one it means that someone else owns the rights to the minerals. But on the other one with no such caption, does it mean that the Warranty Deed holder owns all of the mineral rights to his property?? Can anyone help???
2006-11-15 08:51:23 · 4 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
They are both on the same parcel of land, the one with the "less or except" caption is dated date 1972, and the one without the "less or except is dated 1994. From what I can tell, the mineral rights have been sold and resold and forefited for none payment of taxes many times over the years.
2006-11-15 09:05:10 · update #1
Without seeing the full wording (I know, those things can be lengthy!), I can't give you a definitive answer. Having done title searches, one thing that I've noticed is that the phrasing of things varies from attorney to attorney to title company, etc. Even if they all mean the same thing. It's possible that this is the case here. It's also possible (and by your description, probable) that when the second deed was drawn up someone goofed and left off the "less or except". I would suggest that you take the two copies to an attorney or a title company and ask them what exactly those two captions mean. I hope this all works out for you, Good luck!
2006-11-15 10:31:13 · answer #1 · answered by Sithein 3 · 0⤊ 0⤋
Seems like in 1972 the property was sold, but the mineral rights did not convey. In 1994, the property was sold again, and the attorney who prepared the warranty deed failed to notice that the seller did not own, and therefore could not convey the mineral rights. Unless the mineral rights were conveyed sometime between 1972 and 1994, the 1994 sale should have excluded them. Has anyone done a search to determine that?
2006-11-15 17:18:50 · answer #2 · answered by teran_realtor 7 · 0⤊ 0⤋
Are they both on the same parcel of land? What are the dates? At some point did someone give up the mineral rights? You really need a lawyer.
2006-11-15 16:56:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
http://www.realestateagentlive.com/
2006-11-15 18:23:36 · answer #4 · answered by Matt J 3 · 0⤊ 1⤋