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Title Commitment/Deed - potential error in listed exceptions

1,883 Views | 3 Replies | Last: 2 yr ago by BlueHeeler
BlueHeeler
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AG
Long story short - I am purchasing some land and there were some vague things stated in the current owner's deed in terms of the mineral estate. Took this to an attorney and was told it's fine (i.e. no reservation by the current owner's seller as I had thought). One thing I forgot to ask - what if the title company somehow misinterprets as I did and lists an incorrect mineral reservation in my deed? I guess I would object within the 5 day time period and hire my attorney to argue for the removal? Thanks in advance!
TexAg2k8
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AG
Do you have a title commitment for the property yet? If so, review the exceptions listed on Schedule B to see if there are any concerning mineral exceptions. If this property is in Texas the title company will not insure any mineral interest under your policy. You'll see a broad boilerplate mineral exception on Schedule B, and you may see some specific mineral exceptions listed as well. The specific exceptions can help give you an idea of what's out there, but the title company will not do a mineral search so they won't catch everything, which is why they take the general exception.

I'd have your attorney look over the title exceptions and the draft deed the title company plans to use for your acquisition. It's hard to know what the strange language is that you're referencing but, if it was a mineral reservation in your seller's deed, it would not make sense for it to be included in your deed as well.
beerag04
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AG
Make them give you the form of deed ahead of closing so that you can review/have your attorney review and argue with them over language before you close. Or have your attorney draft the deed you want and send it to title to review and approve.
BlueHeeler
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AG
Thanks for the replies. Ended up talking to my attorney. Planning to review the title commitment. If there is any reference/reservation/exception to the "odd" thing in the previous deed, I plan to object with legal help if needed.
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