An old rule of thumb for title examiners was that a mineral reservation needs to be in the granting clause, not the warranty clause, of a deed to be valid. As the courts have moved to seeking to determine the parties’ intent in a deed, these old rules have been...
LOOK OUT! A COLORADO COURT FINDS THAT A MINERAL RESERVATION IN THE HABENDUM CLAUSE OF A DEED, NOT THE GRANTING CLAUSE, IS A VALID RESERVATION
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