Retain mineral rights?

[rcunningham]

What is the name of your state (only U.S. law)? IL

Greetings! Does the following clause on a warranty deed mean the seller keeps the mineral rights to the property being sold or gives he/she give them up with the sale?

"Excepting all oil, coal,gas and minerals underlying said premises heretofore excepted, reserved or conveyed of record together with the right to mine and remove the same and all rights and easements in favor of the estate of said coal, oil, gas and other minerals, if any, as to all aforementioned property."

 

[quincy]

What is the name of your state (only U.S. law)? IL

Greetings! Does the following clause on a warranty deed mean the seller keeps the mineral rights to the property being sold or gives he/she give them up with the sale?

"Excepting all oil, coal,gas and minerals underlying said premises heretofore excepted, reserved or conveyed of record together with the right to mine and remove the same and all rights and easements in favor of the estate of said coal, oil, gas and other minerals, if any, as to all aforementioned property."

When a clause uses words like "heretofore" and "aforementioned," that is an indication that something was said before that needs to be read and understood.

We cannot provide legal analysis on this forum. That type of assistance exceeds the scope. For non-attorney members of the forum (the majority), it would be practicing law without a license. For the attorney members, it violates their state rules/codes.

I recommend you find a legal professional in your area of Illinois.


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