Texas Law. In a Mineral Warranty Deed, John conveys "all his right, title, and interest" in minerals that he currently owns under a tract to Sue. There is no mention of Future Interest or Remainders in the Deed. Let's say that later John inherits a mineral interest under the same tract or John is conveyed a mineral interest under the same tract. Would this interest belong to John or pass on to Sue?
It's Johns, John.
agree. Typically, a Warranty Deed conveys after-acquired property. Except when the deed recites "all my interest," courts have said that the deed is more akin to a quit claim deed, and does not transfer after-acquired interests.
The 1954 deed by its language conveys “all our undivided interest” as owned by the grantors. Construction of this language would be that it conveys the property actually owned at the time of the conveyance rather than to extend to property which might be acquired in the future. See Clark v. Gauntt, 138 Tex. 558, 161 S.W.2d 270 (1942); Roberts v. Corbett, 265 S.W.2d 127 (Tex.Civ.App.-Galveston 1954, writ ref'd). And, although the warranty language of the deed contains covenants of a general warranty of title, the deed conveys only an undivided interest. Thus, the warranty does not apply to any after-acquired interest which was not granted; the warranty cannot vest in the grantee a greater estate than the deed itself conveyed. Chace v. Gregg, 88 Tex. 552, 32 S.W. 520 (1895), 5 F. Lange, Land Titles and Title Examination § 681 (Texas Practice 1961). Hence, since no future interest was conveyed, appellants cannot be estopped from claiming one. Roberts v. Corbett, supra.
Thank you for your assistance. To convey the interest currently owned and any future inherited interest, I understand that the Mineral Warranty Deed must (properly) state the conveyance of all present and future interests.
You’re correct, John, and Mr. Dowd is one of my most well respected legal minds, so you have fact beyond my general answer.
There must be a Legal Title class that is taught to law students on how to screw up a title description to make it indecipherable in decades to follow.