Virgin Islands Warranty Deed for Surface and Mineral Interests
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How to fill out Warranty Deed For Surface And Mineral Interests?
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FAQ
2d 878 (1940) was a Texas case. As a result, producing states have Texas to thank for the Duhig Rule. ing to Duhig, if there is a reservation of a ?specific interest? without mention of the prior reservation, and all parties can't be made whole, then the grantee is made whole at the grantor's expense.
A mineral deed is just like a warranty deed, accept it only transfers the minerals in the sub surface of a property. A warranty deed can be used transfer both the surface, and mineral rights. But a mineral deed can only be used to transfer the minerals.
The general rule is that when full effect cannot be given to both the granted interest and to a reserved interest, the courts will give priority to the granted interest, rather than to the reserved interest, until the granted interest if fully satisfied.
Named for the court case Duhig v. Peavey-Moore Lumber Company, the Duhig Rule was the outcome of a disagreement caused by one party either unintentionally or willfully misrepresenting the prior ownership of the mineral rights beneath the land.
Oklahoma ? Generally follows Duhig if a ?Warranty Deed reserves a specific interest without acknowledging prior reservations, then the grantee is made whole at the grantor's expense?. However, if there is mutual mistake, then equity allows reformation of the deed.
The rule gives priority to the granted interest over the reserved interest. For example, let's say that John owns a piece of land and wants to sell a 50% interest to Jane. However, John mistakenly sells a 100% interest to Jane. Later, John tries to sell the remaining 50% interest to Bob.