Bethany, OK asked in Real Estate Law and Energy, Oil and Gas for Oklahoma

Q: With a special warranty deed can you have a reservation without using the word excepting or reserving if there's a lease

1 Lawyer Answer
Richard Winblad
Richard Winblad
PREMIUM
Answered
  • Edmond, OK
  • Licensed in Oklahoma

A: Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest. You should have an attorney review a contract and/or deed.

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