Hi all. My mother and aunt are co-trustees of several townships all over New Mexico, specifically in Lea and Eddy County. They recently were served by a company who purchased mineral rights from them in Lea County in 2018. They’ve been found in breech of the contract due to failure of title transfer I’m assuming they believe now my mom and aunt did not own these mineral rights. These mineral rights were inherited and most were not clearly stated in a will or anything. So we’ve hired an attorney and we’re going forth but my question is; is it entirely legal since the contract was signed in Texas and Colorado and the statue of limitations is up in both these states? I understand the mineral rights are located in New Mexico but contract law states otherwise.
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" They’ve been found in breech of the contract due to failure of title transfer"
Was a mineral deed signed, recorded and check deposited for said transaction? If so, did the mineral deed have a warranty clause?
Real Tough! That’s their problem. Their landmen and land department, they may or may not have made mistakes in the title. I would not “roll over and play dead”. All rights title and interest more or less.
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