Legal Question in Wills and Trusts in Texas

Legal words to correct a warranty deed that omitted the words "Surface rights on

My parents, now deceased, gave property to a sibling. On the deed the words "Surface rights only." were mistakenly left off.

These mineral rights need to be conveyed back to the family as undivided.

We do not have a trust, but other property that was given to other siblings, was deeded as "surface rights only", therefore all share equally in mineral rights.

Please advise.


Asked on 8/25/00, 12:31 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Legal words to correct a warranty deed that omitted the words

It will be extremely difficult if not impossible to reform the deed at this late date. Once having conveyed all mineral rights either directly or by implication, and having been properly filed, the deed is effective. Oral modifications to real estate transfers such as you describe are not legally enforceable.

If there is a separate writing bearing on the topic, it may be helpful. Otherwise, it will take the good graces of the child who owns the property, doing the right thing, to get the mineral rights reconveyed as they should be.

All matters of title or an interest in real estate must be in writing and notarized.

Read more
Answered on 9/30/00, 3:40 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas