Full question:
My question is on Property rights, mineral rights, and interest. The previous deeds to our properties dates back to the year of January 9, 1866. In the deeds from then on to this day have the paragraph reading of: Together with all and singular buildings and right-of-ways, water, water courses, right, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, use trust, property, possession, claim and demand whatsoever of in law, equity, or otherwise, howsoever, of in, to, or out of the same. If, in the future, we would decide to sell a portion of our property, but not sell the mineral rights to it, or the interests, etc. to that portion sold, could we just omit this paragraph reading: from being wrote in the new portion deed? Would that keep the right from being sold, with it?
- Category: Oil Gas and Minerals
- Date:
- State: Pennsylvania
Answer:
No, the exclusion of the sale of mineral rights should be stated clearly and agreed upon by each party. You may include a notation to "SEE ATTACHED EXHIBIT A" and attach an Exhibit A (or other letter as needed) to the deed stating that the property is sold with all rights except for the mineral rights. Each type of mineral should be listed separately. A statement that all mineral rights are reserved by the grantor and grantor's heirs, successors, and assigns will preserve mineral rights for you and those you transfer the rights to.
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