About Marlon Doerre Expertise Texas Real Estate: Any real estate related question Involving the purchase/sale of real property; financing (residential) transactions; curing title; and closing of real estate transactions located in Texaas. Will not answer questions related to properties outside of Texas.
Experience Licensed Attorney, Mortgage Broker, Realtor and Escrow Officer. I have been curing title and closing real estate transactions for over 12 years
Education/Credentials B.S. Texas A&M University; J.D. University of Texas School of Law
Question I just received a corrected warrenty deed. It seems the developer inadvertanly omited that they wanted to retain the mineral rights on my property. I have been in my house for a year and 1/2 can they doe this? There was no mention of mineral rights in the original deed.
Thanks
Answer You will need to consult with an attorney who specializes in real estate to obtain a concrete answer to this question because the answer depends on the specific facts of your situation and the paperwork (earnest money contract) executed. If the sales contract stated that the builder was going to retain the minerals, then there is a strong likelihood that the builder is entitled to correct his deed. Alternatively, if the sales contract was silent, then there is a strong likelihood that the builder is not entitled to to this and that you can require him to "re-convey" the minerals to you so as to put everyone on notice that you are the owner of the minerals.
