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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