Fractional Reservations of Mineral Interests “Under Land Described” Reserves a Fractional Interest Under the Entire Physical Tract Regardless of the Use of a “Subject To” Clause Below the Land Description: Averyt v. Grande, Inc., 717 S.W.2d 891 (Tex. 1986)

Date

1987

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Discusses how fractional reservation will be calculated with regard to the entire mineral estate instead of the undivided mineral interest owned and conveyed by the grantor. The court in Averyt relied upon the landmark cases of Hooks v. Neill and King v. First National Bank. The article concludes with how the court seems to be moving away from its primary duty of determining the intent of the parties.

Description

Keywords

Mineral interest, Conveyance, Subject To clause, Under land described, Fractional interest, Property deed, Fractional mineral interests, Hooks v. Neill, King v. First National Bank, Averyt v. Grande, Inc.

Citation

18 Tex. Tech L. Rev. 1307