The MineralHub Blog
Understanding The Duhig Rule
The “Duhig” rule was developed to deal with the frequent problem of people accidentally drafting deeds that sold more than they actually owned. There was actually a case called Duhig v. Peavy-Moore Lumber Company in 1940 (Texas) which is the namesake of this rule.
That case summarized the rule as follows:
When full effect cannot be given to the granted interest because of a previous outstanding interest, priority will be given to the granted interest (rather than to the reserved interest) until full effect is given to the granted interest.
The Duhig rule is applied only to “warranty” and “special warranty” deeds in Continue reading…
Oil and Gas Leasing Tips
An oil and gas lease is essentially a contract between you, the “lessor”, and another party, the “lessee.” In most states a lease is also considered a conveyance, since you are essentially signing over to the lessee your rights to the minerals in exchange for the agreed upon terms in the lease. They will in effect “own” the minerals for the term of the lease. The lessee will usually be an oil and gas exploration company. The lessee who initially contacts you with an offer to lease may be a land company or landman hired by an oil company to Continue reading…
Reservation of “Oil, Coal, and Other Minerals” in Pennsylvania Warranty Deed
I have been asked whether a reservation of “Oil, Coal, and Other Minerals” in a Pennsylvania Warranty Deed would also include natural gas and therefore allow the seller to retain their natural gas rights as well as oil and coal.
Based on the phrase “oil, coal and other minerals” it would be my opinion that the grantor would not retain ownership in any natural gas in such a deed when they sold the land, since natural gas was not specifically mentioned. Therefore I would caution that if one wishes to retain any natural gas rights owned when selling Continue reading…
How Can I Locate Who Owns the Mineral Rights Under My Land?
If you want to know how to find out who owns the mineral rights under your land, or find out if you do, then the first stop in your quest should probably be the county clerk’s office (free) and/or a private abstract office (not free) in the county where your land is located. Both are usually located in or near the county courthouse, and are where you will find all the filed land records having to do with your property.
From the land records you can construct a “chain of title.” A chain of title is simply a sequential record of Continue reading…
