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Oil/Gas/Minerals through warranty deed


I recently purchased 80 acres and the seller did not reserve the minerals which he had on the property when he made the warranty deed. Do the minerals  automatically convey to myself as the new owner through the warranty deed?. This 80 acres is located in the state of Oklahoma.  Thank you very much for your time.  H. Driskel.

When I receive a recorded Warranty Deed selling property on which my company has one or more producing wells, I always look first to see exactly what the granting clause says.  If the Warranty Deed states that the Grantor "hereby...sells..." "all right, title and interest" in the described property, that's the first place I look.

Next, I look at the legal description to see if there is any LESS AND EXCEPT language, or language specifically excluding mineral rights in the property described.  Sometimes attorneys will put the mineral reservation there.

Last, I look to see if there is an attached "Exhibit A" or attached page with any additional information.  If the Warranty Deed is a pre-printed fill-in-the-blank form, sometimes the Grantor will add an attached page that will have one or more additional clauses on it--and sometimes the reservation of mineral rights is put there, even if the granting clause says "all right, title and interest".

If the Warranty Deed says "all right, title and interest" and doesn't have any LESS AND EXCEPT language in the granting clause, or in the legal description of the land, and there is no attached page containing a reservation, then whatever royalty account my company has for the Grantor in such a Warranty Deed involving the property described in it would be transferred over into the name of the Grantee.  Our company policy is to consider that all mineral rights were conveyed.


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Marsha Breazeale, M.Ed., CDOA, CPLTA


All questions regarding division orders; ownership decimal calculations; title ownership and payer record changes (testate/intestate inheritance; deed; assignment; court order); oil and gas lease analysis for record-keeping and purposes of payment by operator or payer; pooling, horizontal wells, horizontal well allocation units; unclaimed property reporting; royalty owner relations questions. All questions concerning administration of surface land contracts and payment questions, such as for Surface Right-of-Way, Sub-Surface Right-of-Way, Easement, Surface Use Agreement. All questions regarding industry-standard and company-specific policies that affect land owners.


Sr. Staff Division Order Analyst. Certified Division Order Analyst (CDOA, National Association of Division Order Analysts) and Certified Lease Analyst (CPLTA, National Association of Professional Lease and Title Analysts) with 35 years of experience as a combination division order analyst and lease analyst in exploration and production in the oil and gas industry.

National Assoc. of Division Order Analysts (NADOA), National Association of Division Order Analysts (NALTA), American Association of Professional Landmen (AAPL), American Society of Trainers and Developers (ASTD)

"How an Oil & Gas Exploration & Production Company Operates" and "Principles of Oil & Gas Lease Analysis: Standard Clauses", Oil Patch Press; Articles in NADOA Magazine; LandFocus EDU Professional Training Manuals

Education/Credentials Management from Our Lady of the Lake University in San Antonio; M.Ed. in Instructional Design from WGU Texas.

Past/Present Clients
Past 15 years: GeoSouthern Energy Corporation; Contango Oil Co./Crimson Exploration & Operating Inc.; Apache Corporation; BP America; Marathon Oil; Newfield Exploration

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