Replies to This Discussion

Permalink Reply by dbob on December 10, 2013 at 14:44

Adubu

Suggest you try your querry with Mark McPherson, ho I think has a profile on one of Keith's sites dedicated to the Eagleford Shale

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Permalink Reply by Bobi Carr ("parker") on December 11, 2013 at 2:32

Or upload the actual language in that portion of the deed.

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Permalink Reply by adubu on December 12, 2013 at 3:01

two dogs, parker, skip-- the actual language in deed is stated above-- title run as far back as records available and minerals never severed-- Grantor owned 100% prior to this sell---- So who owns the Minerals? ( The 75% not convey in deed but not stated reserved by grantor- nothing said in deed other than convey 1/4)

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Permalink Reply by Skip Peel - Mineral Consultant on December 12, 2013 at 3:14

adubu, I think that the grantor owns the 75%.  A deed must contain specific language regarding conveyence of mineral ownership.  Although this specific language is different than the standard I think a court would recognize the intent of the grantor.  IANAL. 

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Permalink Reply by Thomas C. McKowen, IV on December 12, 2013 at 6:09

In Louisiana, a deed does not need to contain language regarding mineral ownership.  If minerals are not mentioned, they are conveyed (assuming the vendor owns minerals).  Is the rule different in Texas?  I would also expect a court to recognize the intent of the grantor and find that he owned 75%.  However, unless there is a previously decided case on this issue in the relevant jurisdiction,  I do not believe an attorney or landman could give you a definitive answer.  I would suggest hiring an attorney to research the issue.

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Permalink Reply by Andrew on December 15, 2013 at 10:32

Adubu,

I think the question is: did the Grantor in the above situation keep the minerals he owned over and above the 25% he expressly conveyed even though he technically didn't "reserve" anything?

If that is the root of your question, then I'd say "probably." I think most landmen reading a conveyance like the one you described would conclude that the grantor reserved everything over 25% without further thought. While it is technically possible that a deed structured this way was intended convey all of the Grantor's minerals but only warrant title to 25%, I don't think it's very likely that a court would take that view based on the four corners of the conveyance alone. If there was a legitimate dispute, a court would try to interpret the conveyance based on the parties' intent, which I think would probably be for the grantor to retain everything over 25%.

TDP is right about the timeline. No matter whether you've run title back 100 days or 100 years, in Texas if you haven't traced an unbroken chain from a sovereign, it's really not even worth making an educated guess as to who owns what. However, assuming that your grantor owned 100% minerals at the time of the grant, my inclination is that he retained 75% after the conveyance. All that said, I'm not a lawyer in Texas or any other state, so this is just one landman's opinion.

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Permalink Reply by Two Dogs, Pirate on December 11, 2013 at 14:03

You have to run title for more than 100 years. You will have to go back to the land grant or land patent or whatever deed that first severed the land from the crown, state or government entity and then take your search forward.

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Permalink Reply by Bobi Carr ("parker") on December 11, 2013 at 15:35

I heard a saying a long time ago, "ain't nothing to it if you don't do it".  

In other words, running title is as easy as running to the grocery store.....NOT.

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Permalink Reply by Two Dogs, Pirate on December 11, 2013 at 16:28

Parker, some times you are looking at documents that are in a different language. Sometimes the language isn't clear because of slang of that time of history.

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Permalink Reply by Skip Peel - Mineral Consultant on December 11, 2013 at 16:38

Arpents.  Ask a Texas landman about arpents.  And then about Francois Grappe.

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Permalink Reply by William C. Morrison on December 17, 2013 at 3:54

In Louisiana an Arpent is 191.835 feet in length.  Our place in Pointe Coupee is 80 Arpents deep more or less and 9 Arpents wide.  The more or less is because the property fronts on the Mississippi River and what river takes belongs to the state, but then rare as it may be the river can give it back too. 

Even though the property ties in the Range and Township system, its legal description is in French and uses ancient French units of measure such as Arpents.

Its base line measurements were laid down in 1840 and reaffirmed in 1975 ~ 1980, documented and platted.  My father was a register land surveyor and professional Civil Engineer.  He did the work and specifically tied it into other existing surveys.  So in a sense it is locked down except for the front where ole man river rules.

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Permalink Reply by Skip Peel - Mineral Consultant on December 17, 2013 at 4:10

Arpents are unique to Louisiana among the hydrocarbon producing states.   Those of us who are local got some amusement from experienced landmen who thought they had seen it all when they transferred into the Haynesville Shale Play and had to deal with arpents.  When the US government  purchased the lands of the Caddo Indians in NW LA the Caddo's wished to reward their old friend and interpretor, Francois Grappe.  A reservation of lands to Grappe was made as part of the treaty and that was the first tract of privately owned land in that part of the state.   

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