I purchased a ranch in 1992 and the deed had 2 previous mineral owners retaining 50% of the minerals each. 1 from 1950 and the other from 1937. I have not checked since 1992 to see if the mineral owners had sold. If they did, the notations would be in a current title search - correct? Is there any way to check myself without hiring a title company?
Michael:
You can go to the County Clerk's office in the county where the minerals are located and do a record research. You will need the proper legal description in regards to the locations but the current owners will be on file at that location.
Michael,
Take Chjarles advise but get the 1937 and 1950 deeds reserving the minerals. You may own 25% of 100% of the minerals depending on how the deed reads. I have seen it happen that way where homestead deeds have been established.
I wonder if there is a way to search this online in Colorado. I know I am recorded on my minerals, but if my sister died intestate, would her daughters automatically be recorded? Would a recorded affidavit of heirship 'fill the bill' ? ha
charles s mallory said:
Michael:
You can go to the County Clerk's office in the county where the minerals are located and do a record research. You will need the proper legal description in regards to the locations but the current owners will be on file at that location.
Michael,
Depending on the language in the deeds, the applicability of the Duhig rule, and how much of the minerals were owned by the Grantor in the 1930s deed, you could own 0%, 25%, 50%, or some other fraction. A landman would be my first call, then an O&G attorney if the interests are potentially valuable enough and depending on what the landman says.
Gary L. Hutchinson said:
Michael,
Take Chjarles advise but get the 1937 and 1950 deeds reserving the minerals. You may own 25% of 100% of the minerals depending on how the deed reads. I have seen it happen that way where homestead deeds have been established.
Gary L Hutchinson
Minerals Management
I agree about the possible application of the Duhig Rule. If these minerals are in Texas or some other state that follows a Duhig-type ruling in their case law, and if the second Mineral Deed did not make reference in some way to the first Mineral Deed, then you might very well be vested with a portion of the mineral rights. Take both Mineral Deeds to a landman or attorney.