Wednesday 27 August 2014

i have a deed it reads "all right title and interest in and to real property in 5.0 acres......" does that mean I own the minerals???

Question

i have a deed it reads "all right title and interest in and to real property in 5.0 acres......" does that mean I own the minerals???



Answer

Yes, unless 1) there's a mineral reservation elsewhere in the deed or 2) your seller did not own all or part of the minerals when he made the deed. In the latter case, he has breached his warranty and you may have a claim against him.



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