Requirement 14.006 – Exception of Minerals Never Previously Reserved

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Requirement 14.006 – Exception of Minerals Never Previously Reserved

 

 Reference to Unidentified Prior Reservation:  By statutory warranty deed dated March 14, 1996, and recorded in Deed Book 875, page 36, William R. Carey conveyed Tract 1 to Daniel W. Cloud.  Prior to the execution and delivery of the deed to Cloud, Carey held fee simple title to the surface and mineral estates in Tract 1.  This deed contained the following exception:

 

There are excepted... an undivided one-half (½) interest in and to the oil, gas and minerals lying in, under, or upon... save having been reserved to Robert E. Cochrane, in the certain deed...

 

The statement about the prior reservation was false, because Robert E. Cochrane never reserved an undivided one-half interest in the mineral estate underlying Tract 1.

 

 The Alabama Supreme Court has consistently held that exception language like that in the Carey-Cloud deed excepts the mineral interest from the grant and leaves it in the grantor (Carey). Union Oil Co. of Cal. v. Colglazier, 360 So.2d 965 (Ala. 1968); Turner v. Lassiter, 484 So.2d 378 (Ala.1985).  Consequently, we have shown that both William R. Carey and Daniel W. Cloud own undivided one-half mineral interests in Tract 1.

 

 Requirement:  You should obtain oil, gas, and mineral leases from both William R. Carey and Daniel W. Cloud.

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