I need to transfer 10 plus tracts in a Texas county to our LLC. Some of which have had activity through the years that clouds the percentage or amount of interest in these tracts so I am looking for good, reliable, language that would convey a “blanket” coverage for the entire county. I know that I must have 1 particular tract identified and described but just looking for advise on the “catch all” phrase.
Thank You!
It would be very wise to use an attorney to do the transfer correctly and identify each tract if you care about the long term title issues for the LLC and whether it is done right or not. Legal title transfers should be handled by professionals, not from a free forum where the advice might not be correct.
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Thanks for the advise M Barnes, but it doesn’t seem sensible to pay an attorney to draft and record each tract (there are many with long, metes and bounds descriptions) when I’m unsure of ownership and these properties are not leased and are Non producing.
Just saying that your heirs would probably really want you to do the title work right the first time… If you choose not to, then at least keep the information that you have with the metes and bounds in your files because it will be very important some day. Perhaps an attorney can speak to the issue.
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Thanks M. I’ve visited w landmen, attorneys, title and abstract companies. It’s just way too expensive to hire someone to do what I’ve already spent tons of hours on; just to have them “prove it up” and say “Yes, you do in fact own 3.6565 NMA in that tract” Doing this when the tracts are not leased and Non-producing seems a bit over the top when a good “catch all” statement could do the job. (Texas just recently unheld these blankets or catch alls as valid if done correctly) But I do appreciate the response and concern. Thank you.
Deeds generally only include gross acreage legal description and do not specify the net mineral acres or fractional interest. Only one deed per county including all tracts. Attorney can provide best language for deed to incorporate tracts and other interests. You can type up the legal descriptions from your source deeds yourself. Attorney is not expensive and best long term protection for your assets. No attorney will provide you with free legal advice and take on legal liability when they do not know the full facts.
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Baylor, you are making a presumption about what the attorney will tell you re: this. He/she won’t necessarily tell you to convey specific acreage. He/she can draft the language to get you where you need to go. It shouldn’t be that expensive.
- Is it important to you?
- Do this have value?
- Are you or your heirs going to be upset if it is not done correctly?
If the answer to one of the above is yes, you should consult an attorney. On a related subject, if one of your teeth is bothering you, you might want to do your own dental work.
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In Texas each mineral is directly identifiable with the specific physical tract of land that, if now separated, it was once a part of. Title searches are made for each specific tract of land.
If I sell/transfer my interest in tract A but reference that I am also selling/transferring my interests in tracts X,Y & Z unless there is a separate deed for each of the latter tracts, from a land records search you would still own them and not the LLC. The taxing authorities will tax you if there is production above the taxing threshold.
Anything that has a title (land, mineral interests, automobiles etc) is treated individually for transfer purposes. Once you transfer property to an LLC you need to keep the LLC in good standing with the State. Using a Quit Claim deed to transfer property is the least preferable alternative when it comes to subsequent buyers, banks or O&G companies looking to lease.
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A deed which references multiple lands described in an attached Exhibit A will legally transfer all listed tracts in a particular Texas county. This is a common practice for assignments to individuals, LLC, LP, etc. for example, an estate or individual with 100 mineral tracts in a single county will file only one deed. It is not always possible to trace title citing only a legal description and you have to trace through names.
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“It is Grantor’s intent to convey all right, title, and interest in and to all interests of whatever kind and nature owned by Grantors in XXXXX County, Texas, whether described above (or in Exhibit “A”) or not.”
or
“For same consideration, this conveyance shall be deemed to also cover and include all of Grantor’s interests, of whatever kind and nature, located in XXX County, Texas, whether or not described or included on Exhibit “A””
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I saw a Gaines county, Texas “countywide mineral and royalty deed” on courthousedirect. I am not an attorney, and I am certainly not offering any legal advice of any kind whatsoever or suggesting it is something you should use.
GRANTEE: GRESHAM OIL & GAS PROPERTIES LLC MINERAL DEED FILE DATE: 04/12/2024 INSTRUMENT DATE: 03/01/2024 COUNTYWIDE MINERAL AND ROYALTY DEED
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