Legal Question in Real Estate Law in Texas
My title policy says 1/2 of all the oil, gas and other minterals, the royalties etc are excepted? It also says they are excepted herefrom as the same are set forth in the instrument recorded in Volume 634, Page 149 of the Deed Records of Harris County so what does that mean. Also, in 1925 when all the subdivision was sold only 1/2 the mineral rights were kept by the seller according to the paperwork I have. So my special warranty deed says the conveyance and warranty made herein are made and accepted subject to: all valid oil and gas and minteral rights of interests . So do I own 1/2 the oil and mineral rights? I need to know asap as I have a contract to sell this vacant land. Thanks.
4/1/2010
1 Answer from Attorneys
All valid (in the deed) would be the 1/2 if that is all that was excepted to in your title policy. So, it would be 1/2.