Real Estate: Texas/Mineral Transfer
My wife and I sold a ranch property eight years ago. We intended to convey 1/4 of the minerals that we owned. At the time, we thought that we owned 100%. This is how the conveyance was worded.( Grantor reserves unto Grantor , their heirs and assigns, an undivided (3/4) interest in and to all oil, gas and other minerals in and under, and that may be produced and saved from the real property described above. It is the intention of the Grantor to convey to Grantee an undivided twenty-five percent (25%) interest in and to all oil , gas and other minerals. ) We later found out that we owned only half of the minerals. Legally, who gets what? If we have to convey more than what we intended, is the attorney that wrote the deed liable for not wording it right? If you can answer, thank you in advance.
They get 25% and you get 25%.
It is impossible for me with limited information to know if the attorney had enough information to know what the status of the mineral estate was at the time he created the document.
In the State of Texas you are presumed, as the prior owner, to know what you owned. The buyer gets the benefit of the court ruling in the Duhig case. You can search for the Duhig oil case and get additional information on how the court reviews minerals in sales documents.