Anatomy of a mineral deed, part 3 of 11
The granting clause on a mineral deed
The words that do the conveying: "grant, sell and convey". A quitclaim passes only whatever the grantor had, if anything.
has granted, sold, conveyed, assigned and delivered, and by these presents does grant, sell, convey, assign and deliver unto Grantee
What it is
The granting clause holds the verbs that move the interest from grantor to grantee. "Grant, sell and convey" is the usual form on a mineral deed.
A deed that only "releases and quitclaims" passes whatever the grantor had at the time, without saying the grantor had anything. Quitclaims are common between heirs and in clean-up work.
What to check
Do the granting words convey the interest, or only quitclaim it?
- The verbs: grant and convey, or release and quitclaim.
- That the granting clause and the paragraph that states the interest agree with each other about what passes.
- The substances named. "Oil, gas and other minerals" is common; whether a substance such as lignite, uranium, sand, gravel or water is included can be disputed.
- Whether the clause says "in and under and that may be produced from" the land, which reaches production from the tract.
Where it goes wrong
A granting clause that says one thing and a later paragraph that says another. Which one controls is a question for a title attorney.
See the granting clause 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.