LandInvestors.com Forums **Ask A Question** Do I include previous deed mineral rights verbiage?

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  • #10728

    Shaun Stevens
    Participant
    Post count: 11

    I have a seller with a deed in his name from 1958. In it the previous owner wrote a very long/wordy exception to retain mineral rights. Can anyone tell me if I need to include the mineral rights verbiage in the new vesting deed I’m creating? I can send a picture of the deed if it would be helpful to anyone.
    Thanks for your time,
    Shaun

Viewing 5 replies - 1 through 5 (of 5 total)
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  • Rod Hall
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    Post count: 319
    Pro

    i do. There are catch all exceptions but for me it’s just easier to copy the last deed description verbatum

    Shaun Stevens
    Participant
    Post count: 11
    Pro

    Thanks for your response Rod. I always do the same. I’m questioning this one because it refers to the owner before 1958 and her heirs a number of times and if it’s word for word it will appear as if it is speaking of the current owner.

    Milan
    Participant
    Post count: 531

    Yes Shawn, that is exactly why I didn’t include it in my deed couple of times I had that situation. And it went well. It was recorded.

    I would personally not include it. It looks cleaner to me without it. But it’s the matter of preference I guess.

    Milan
    Participant
    Post count: 531

    Do the 2 page deed Shaun where notarized signature is in second page. Don’t include that BS about mineral rights there. Record without it. And if county rejects it, print it again with it.just an idea.

    Shaun Stevens
    Participant
    Post count: 11
    Pro

    Thanks Milan, I was planning on doing exactly what you mentioned with the separate Signature page. It’s comforting to hear someone else say what I was thinking!

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