I understand it would be hard to know for certain without actually seeing the documents. But, I was hoping someone who knows could possibly explain to me exactly what this means with regard to a mineral deed and conveyance of royalty.
It says “Conveys an undivided 1/10 interest in and to the oil, gas and minerals, in described land. Subject to oil and gas lease “
Does that mean they are conveying the royalty interest, only while and for the time those minerals are subject to the oil and gas lease? Or, does it mean that 1/10 royalty interest is being sold/conveyed completely, as in forever?
Depending on the rest of the document, there might be a different answer. With only this to go on, it likely means that it is conveying 1/10th of the mineral rights ‘completely/forever’ and that it is likely already leased. If it is a true royalty interest which only exists while the current lease is producing, then it might say “produced and saved”, so look out for that type of verbiage in the rest of the instrument. There is no way to make a certain statement without reading the whole instrument.
This is a conveyance of a 1/10 mineral interest (which is technically different than a royalty interest) to the grantee forever.
The term subject to oil and gas lease is to alert the grantee that there is an oil and gas lease in effect.
I agree with Tim that the language as posted assigns a 10% mineral interest. If the seller owns 1/10 minerals, then he is sell it all. Best to have an oil and gas attorney review the entire deed before signing, especially if there is warranty language.
My Dad’s mineral deed of 1952 gave him 5 full mineral acres out of the tract described…
“Said land being now under an oil and gas lease executed in favor of None, it is understood and agreed that this sale is made subject to the terms of said lease and / or any other valid lease covering same…”
Does the None mean the land was not under lease at that time ? I can’t find a lease covering it at that time.