Anatomy of a mineral deed, part 7 of 11
Reservations and exceptions in a mineral deed
What the deed holds back. A reservation keeps something for the grantor; an exception leaves out something someone else already owned.
SAVE AND EXCEPT, and there is hereby reserved unto Grantor, an undivided one-half (1/2) of the royalty on oil, gas and other minerals produced from said land.
What it is
A reservation keeps part of the minerals or royalty for the grantor. It then stays with the grantor and passes to the grantor's heirs or under their will.
An exception leaves out of the deed something that was already owned by someone else, usually because an earlier owner reserved it.
Some reservations last a term, such as 20 years "and as long thereafter as" there is production, and then end.
What to check
Did the grantor keep part of the minerals, or was part already owned by someone else?
- Whether the clause reserves (for the grantor) or excepts (an earlier owner's interest).
- Minerals or royalty, the fraction, and whether it lasts a term or forever.
- Whether the grantor still owned enough to make the reservation. Texas courts have a rule for a deed that conveys or reserves more than the grantor owned, and it can take the shortfall out of the grantor's reservation. That is a question for a title attorney.
- Whether a term reservation has ended, which depends on production during and after the term.
Where it goes wrong
A family that sold the land decades ago and kept the minerals, without anyone today knowing the reservation exists.
See the reservations and exceptions 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.
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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.