Requirement 14.005 – Ambiguous Statement of Mineral Acres

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Requirement 14.005 – Ambiguous Statement of Mineral Acres

 

 Ambiguous Statement of Mineral Acres:  The Abstract indicates that Tract 1 contains five acres, but we have no survey confirming that fact.  Robert Crossman acquired Tract 1 (fee simple absolute) from  Antonio Cruz y Arocha by deed dated March 15, 1975, and recorded in Deed Book 673, page 835.  Thereafter Crossman conveyed and undivided mineral interest in Tract 1 to David P. Cummings by deed dated April 18, 1981, and recorded in Deed Book 694, page 24.  The granting clause in the deed from Crossman to Cummings  provided:

 

Grantor conveys an undivided 0.5/5 net mineral acres in and to the following described property; it is the intent that 1/2 mineral acre is conveyed hereby under the lands described below and should said lands be surveyed to be less or different than 5 gross acres, the actual acreage shall be substituted as the denominator in the fraction .5/5 used above.

 

 The actual fraction specified in the granting clause equals an undivided 0.10 net mineral acre.  Crossman undoubtedly intended for the fraction “.5/5” to refer to a mineral interest rather than to a quantity of “net mineral acres.”  As the granting clause now reads, however, it sets up a conflict between the fraction “.5/5,” which equals “0.10,” and the quantity “1/2 mineral acre.”

 

 We have set up the Tract 1c mineral ownership tables on the basis that Crossman conveyed an undivided 0.5 net mineral acres to David P. Cummings.  We have also assumed that Tract 1 contains only 5 gross acres.  If Tract 5 actually contains more or less than 5 gross acres, the ownerships shown for Robert Crossman and David P. Cummings will change.

 

 Requirement:

 

(1)Obtain oil, gas, and mineral leases from Robert Crossman and David P. Cummings covering whatever interest they might own in Tract 1.

 

(2)Obtain an accurate survey of Tract 1.

 

(3)Prior to paying any royalties on production attributable to Tract 1 to Robert Crossman and David P. Cummings you should obtain from them a recordable deed with cross grants establishing their mineral ownership interests in Tract 1 based upon your survey.  If Crossman and Cummings will not join in such a deed, you should deposit into the registry of a court of competent jurisdiction any royalty proceeds attributable the disputed interests and interplead the potential claims of Crossman and Cummings.

Copyright 2011 by Edward G, Hawkins. All rights reserved.