Anatomy of a mineral deed, part 2 of 11
Consideration on a mineral deed
The recital of what was given for the interest. Most deeds say "ten dollars and other good and valuable consideration", not the real amount.
for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by Grantee, the receipt of which is hereby acknowledged,
What it is
The consideration clause says what the grantee gave. The figure written there is usually a formality. It is not the price, and it says nothing about what the minerals are worth.
The clause can still tell you how the interest moved: a sale, a gift ("love and affection"), or a distribution out of an estate or a trust.
What to check
Was this a sale, a gift or an estate distribution, and is any lien kept?
- Whether the deed reads as a sale, a gift or a distribution. Family gift and distribution deeds often explain how the interest split among heirs.
- Whether the grantor kept a vendor's lien or the deed mentions a note. A lien kept until a note was paid should have a release of record.
- Whether the clause refers to another agreement, such as a contract or a settlement, that may carry terms of its own.
Where it goes wrong
Owners sometimes read the ten dollars as the price, or read a large recited figure as a value. Neither is what the clause is for.
See the consideration on the sample deed
Related
We are landmen, not attorneys. This page explains how mineral deeds are usually read. What your deed means can turn on its exact words and on Texas law, and a title opinion comes from an attorney.
Want us to read yours?
Tell us what your deed says and what you want to know. We can read the deed and explain what it conveys, or pull the chain of title in the county records and show how the interest reached you. We read every request and can reply by email.
For a lease, a division order or a check you cannot read, Landman Help works for owners. For a full runsheet or title packet, Landman Services runs the county records.