I'm now part of a partnership my dad and his siblings created when my grandparents (their parents) were getting older so the land could be better protected legally. Having recently joined the group, its been an opportunity for everyone to discuss the past actions and any questions left out there.
In 2000, my grandmother (their mom) bought one of her brothers entire piece of the undivided property. The warranty deed has the below language included. Both her brother, and his wife signed the deed. Well less than a year later (was still several years before he passed), his wife uses power of attorney and sells his mineral interest to one of those smaller O&G companies (the kind we get routine calls from) and no one ever followed up on it or attempted to do anything about it.
So my question is, how strong is the below language? Should an O&G company have found this language and known they were unable to acquire this mineral interest based on this? Bigger question, do we have any case to fight and regain that mineral interest? Property is in Brazos County and wells are fairly old (been leased since later 80s and early 90s) but it's still something every couple months or so. Also, there's several thousand on the Comptrollers Unclaimed Property website, which is another reason to be asking these questions. Wondering if this uncertainty is maybe one of the reasons that money is with the state as opposed to going to whoever the company is.
I realize this is very much a legal question, and would greatly appreciate attorney recommendations as well, but lots of smart people here and plenty of experiences so thought someone may have initial thoughts.
"SAVE & EXCEPT, and there is hereby reserved for Grantor and Grantor's successors and assigns for the limited term described, all of the oil, gas and other minerals in and under and that may be produced from the above described property for and during the remainder of the life of Grantor, as a life estate as to said minerals and upon the death of Grantor, this reservation shall cease and the minerals reserved hereby shall pass to and vest in the Grantees, their heirs, successors and assigns."
In 2000, my grandmother (their mom) bought one of her brothers entire piece of the undivided property. The warranty deed has the below language included. Both her brother, and his wife signed the deed. Well less than a year later (was still several years before he passed), his wife uses power of attorney and sells his mineral interest to one of those smaller O&G companies (the kind we get routine calls from) and no one ever followed up on it or attempted to do anything about it.
So my question is, how strong is the below language? Should an O&G company have found this language and known they were unable to acquire this mineral interest based on this? Bigger question, do we have any case to fight and regain that mineral interest? Property is in Brazos County and wells are fairly old (been leased since later 80s and early 90s) but it's still something every couple months or so. Also, there's several thousand on the Comptrollers Unclaimed Property website, which is another reason to be asking these questions. Wondering if this uncertainty is maybe one of the reasons that money is with the state as opposed to going to whoever the company is.
I realize this is very much a legal question, and would greatly appreciate attorney recommendations as well, but lots of smart people here and plenty of experiences so thought someone may have initial thoughts.
"SAVE & EXCEPT, and there is hereby reserved for Grantor and Grantor's successors and assigns for the limited term described, all of the oil, gas and other minerals in and under and that may be produced from the above described property for and during the remainder of the life of Grantor, as a life estate as to said minerals and upon the death of Grantor, this reservation shall cease and the minerals reserved hereby shall pass to and vest in the Grantees, their heirs, successors and assigns."