Legal Question in Real Estate Law in Texas

Warranty Deed with Mineral Estate

I sold land several years ago and thought I had reserved all the minerals (esp. oil and gas). I find out that I did not word the reservation correctly. I did not include ''Exclusive Executive Rights'' nor did I specify that all bonuses and royalties belong to me outright without being placed in an interest-bearing account.

I need specific instructions as to how to correct this. I can't seem to locate a 'Correction Warranty Deed Form'. Is this something I, as Grantor, execute OR does the Grantee have to execute it as well? I understand TX laws have changed in recent years. I need to know the correct wording for a 'complete reservation oil and gas minerals until my death', at which time they'll revert to the Grantees.

Thanks!


Asked on 4/10/04, 6:01 am

1 Answer from Attorneys

Re: Warranty Deed with Mineral Estate

I think you might be beyond the area by which you can correct this without professional help. For starters, without seeing the document, I'm not exactly sure what you've created, or how to fix it at this point. Correction deeds are typical for typos, not changes in the reservations of rights. I'm speculating that you would need for the grantee to sign off on a clarification to avoid a problem later on.Given thathte stakes are high (mineral and real estate interests), I strongly recommend your retaining a real estate lawyer to assist you with this and not doing it yourself.

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Answered on 4/10/04, 10:58 am


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