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I have recently discovered limeston on my property and want to know if I "own" it. In the deed records from my property from December 1962 it says and I quote
" The grantor herein reserves unto herself, her heirs and assigns, all oil, gas and other fluid or gaseous minerals lying on, in and under the land herein described, together with the right of ingress and egress for the purpose of mining for, exploring for, and producing the same therefrom, subject and subordinate however to the right of grantee to construct, maintain and operate a reservoir for impounding fresh water."
What I need to know about are the minerals such as sand, gravel, limestone and other dirt/topsoils. Help please.
I don't know, but curious, too. This is something that a lawyer could answer for you really quickly for a small fee (maybe one hour consult?). It's probably worth it.
From the wording on your deed it sounds like nobody cares enough about the rocks & dirt, just the potential for oil. Mineral rights are an issue in some areas near here (phosphates specifically) and those will be mentioned, but nobody talks about oil here. I agree, a real estate lawyer could most likely answer your question in less than 5 minutes.
I'd recommend a quick call to a title company. They should be able to answer your question and not charge you for it - this is just normal stuff for them. It sounds like what you've found addresses only the oil, gas, & water rights (gas & liquids). I live in an area of gold/silver mines and it's a big deal when the mining rights are sold with the property. Around here the title exlusions almost always include ALL mineral rights, which are owned by the state, and you have to apply to the state (at least I think it's the state - may be the fed gov) for mining rights.
I think a title company would be able to clarify this for you. I'm really curious to know what you find out - please let us know.
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