I just uncovered some mineral rights deeds my grandfather signed over to my father in 1966. Two of these deeds were for a parcels on Borden County and Stonewall Countys. My father is now very elderly and remembers very little about any of it. Apparently mom took care of most of this stuff and unfortunately she passed several years ago, before any of this came to light. My brothers and I are trying to figure out exactly what we have. I believe the first thing we need to do is determine if the deeds are in fact valid. None of us live even close to West Texas and even if we did, I'm not sure we would know how to approach this issue. I am looking for any help in researching the deeds. Do abstract companies in Texas perform this service? Is a mineral deed treated the same as a real estate deed? Obviously, we are new to the whole oil and mineral area, so any help/advice would be appreciated. Thanks.
Ron, If the deed shows as recorded in the records of Borden or Stonewall, respective to the County that the minerals are in, then the Deeds are Valid. You would have to research whether your Grandfther subsequently deeded them to others. The County clerks and abstract Companies might clue you in, but they are generally not in the business. One thing to do is to file at least an affidavit in the County, referencing the specific tract, a claim of ownership. The best thing, after ascertaining whether n fact you DO stll own the Minerals, is to file an executors deed specifying exactly in what proportion the minerals are owned,recording page/volume and date, by whom, and mailing address contact info in case someone wants to contact you to lease.
Thank you, Mr. Saxe. In fact, my grandfather did sign over the original deed to my father. I am certain that that transaction is duly recorded in Borden County. I am trying to ascertain if my father signed it over to someone else and does not recall doing do. I am not sure how to go about doing that by long distance, since a trip down there is not feasible right now. I greatly appreciate your advice about what to do once we determine that the current deed is valid. This was on my "to do next" list. Thank you again.
Ron Ruffin
David Saxe said:
Ron, If the deed shows as recorded in the records of Borden or Stonewall, respective to the County that the minerals are in, then the Deeds are Valid. You would have to research whether your Grandfther subsequently deeded them to others. The County clerks and abstract Companies might clue you in, but they are generally not in the business. One thing to do is to file at least an affidavit in the County, referencing the specific tract, a claim of ownership. The best thing, after ascertaining whether n fact you DO stll own the Minerals, is to file an executors deed specifying exactly in what proportion the minerals are owned,recording page/volume and date, by whom, and mailing address contact info in case someone wants to contact you to lease.
Ron,
Its what I do for a living. I'm taking off for cali for a week on vacation, but if you want to discuss it when I get back be glad to do so.