My family owns the mineral rights but one family member had the land and some mineral rights. We are trying to determined if mineral rights were sold. The deed indicates land was sold under the Homestead Act in Wyoming. I know the Homestead Act talks about the land, buildings and access are protected from creditors. But it does not mention mineral rights. Does anyone know how specific a deed is when conveying both land and mineral rights?
It sounds like you’re describing an undivided interest into the minerals, meaning your family as well as another family member own (independent) rights into the same property. In this case, if the other member sells their interest, it in now way includes or affects your interest.
However, if you were a party to the deed, or you are talking about the other member selling before you had possession of the minerals, then it would be a different story.
I appreciate the answer. There are 4 of us who owned the mineral rights but one family member owned the land rights. Now that they sold the land, this family member is having to fight the new land owners as they think they own the mineral rights as well. The rest of us have clear title to the mineral rights. Usually there is something to indicate in a deed that conveys mineral rights, but I am not seeing it in any of the deeds that where the land was sold. I guess we are all ok then.
This is a very general explanation, so please don’t take it as legal advice. A deed (Warranty, Special Warranty, Quit-Claim) doesn’t necessarily need to explicitly describe ‘minerals’ for them to be conveyed. If there is language like, “all right, title and interest, in and to the described lands…” and there is no reservation language, “…less and except all oil, gas and other minerals…”, or language making the conveyance subject to prior conveyances. Then everything that person owned into the property would be conveyed.
However, to your main question, it sounds like your interest is separate from the family member that owned the surface and therefore would remain so even after the surface was conveyed. The other family member may have to answer to the new land owners if he/she warranted full title to the lands and didn’t make note of prior reservation/conveyances in their original deed.