QUESTION

If you sign a quitclaim deed in Texas that describes property but doesn't say anything about minerals do you give up minerals?

Asked on Aug 13th, 2013 on Real Estate - Texas
More details to this question:
My sister and I used a quitclaim deed to give up the family home and land to my brother. The deed didn't mention minerals at all. It only described the land. Now my brother says we gave up the minerals too. Is this true?
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1 ANSWER

Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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Yes, unless you specifically reserved the minerals in the deed to your brother, it is assumed that you quit claimed the entire fee simple estate (all of the ownership rights) of your property. There is specific reservation language that must be used in the deed that would to allow the seller to keep his interest in the oil, gas, and minerals. Without seeing the specific deed in question, it is difficult to say if you made this reservation or not, but it sounds like you didn't because the minerals were not mentioned at all. From what I can tell your brother is correct, and he got all of the interest in the property with the quit claim deed including the minerals.  
Answered on Aug 16th, 2013 at 4:18 PM

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