Re: mineral oil and gas deeds

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On 4/28/06, jim wrote:
> Can anyone tell me if a mineral oil and gas deed is a
> binding document, if so is it as binding as the surface
> deed?

The surface and minerals underlying a tract of land are one
and the same and a part of the same parcel of land until
severed. Severance is the act of either reserving the
minerals or a part thereof from a conveyance of the
surface.

Severance of the mineral estate from the surface estate is
often accomplished by a reservation of the minerals, but can
also be effected by a mineral deed conveying only the
mineral estate. And severance occurs where the owner of
both the surface and minerals leases the mineral estate in
an oil and gas lease.

In any event, deeds of minerals, royalty deeds, assignments
of interests in oil and gas leases or interests carved out
of oil and gas leases are ALL deeds of real property and
entitled to the same respect and treatment under the law in
most jurisdictions.

Dustin