I own 25 acres and 1/2 mineral rights in Jefferson County, PA. From researching previous deeds I am questioning the ownership of the other 1/2 interest in mineral rights. In 1979 previous owners (husband and wife) divorced and wife transfered surface property to husband but reserved 1/2 interest in mineral rights. I assume that the other 1/2 interest in mineral rights remained with the husbands surface property. In 1985 husband sold property by deed with no mention of reserving his 1/2 interest in mineral rights. The deed states "Excepting and reserving the coal, oil, gas and minerals underlying the above described tract as the same were excepted and reserved in prior deeds and conveyances of record" There are no other exceptions or reservations in prior deeds except for the wife reserving 1/2 interest. The property changed owners several more times before I purchased it with only one deed containg the same statement as noted above. The other deeds had no statements on mineral rights whatsoever. By deed the wife quit claimed the mineral rights in 1990 to one of these subsequent owners. This is the 1/2 interest that I now own. My question - If there is no mention in the deed of the husband reserving 1/2 mineral rights when he sold the property, other than the statement in bold above, is it automatically assumed that he reserved 1/2 of the mineral rights when his wife reserved her 1/2 interest in 1979.
Dear Mr. Miller,
There is no assumption of reservation of warranty. If you convey only the surface estate or the surface, that would be the only way that I can think of where you do not convey minerals (if you indeed possess minerals), short of a reservation.
If the husband sold the minerals to another, then that clause could be given effect to his interest as well. Relying solely on recitations in deeds to determine mineral ownership will bite you. To know for sure, you would need to know a lot more about the history of title. For all we know, minerals were reserved or conveyed in 1910.
If you want to reserve minerals, you reserve them. If you are silent, you convey what the granting clause says that you convey.
The language quoted in the Deed was to protect the warranty in a Warranty Deed.
Dear Mr. Cotten,
I guess I should have not used the word assumed. I did trace the title history back to the early 1900's. In 1909 a gas lease was signed and is still in affect today because of existing producing wells. The early 1900's owner transfered ownership including mineral rights equally to several sons and daughters. Over the years the sons and daughters died and by wills and testements all of the property and mineral rights were transfered to one remaining living daughter.
This is when the husband and wife purchased the property which included the mineral rights as noted in my previous post. The husband did not sell his 1/2 interest in mineral rights to another.
Do I understand your explaination correctly that if the husbands deed of conveyance was silent about his 1/2 interest of the mineral rights then 1/2 of the mineral rights were conveyed with the property?
Thanks for your response.
Gary Miller
Buddy Cotten said:
Dear Mr. Miller,
There is no assumption of reservation of warranty. If you convey only the surface estate or the surface, that would be the only way that I can think of where you do not convey minerals (if you indeed possess minerals), short of a reservation.
If the husband sold the minerals to another, then that clause could be given effect to his interest as well. Relying solely on recitations in deeds to determine mineral ownership will bite you. To know for sure, you would need to know a lot more about the history of title. For all we know, minerals were reserved or conveyed in 1910.
If you want to reserve minerals, you reserve them. If you are silent, you convey what the granting clause says that you convey.
The language quoted in the Deed was to protect the warranty in a Warranty Deed.
Best,
Buddy Cotten
PLM-UT