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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
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Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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In North Dakota, if a Mineral Deed states in the body of the

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In North Dakota, if a Mineral Deed states in the body of the document "oil, gas and other minerals", is coal also conveyed or does "other minerals" refer only to those in direct relation to the oil and gas?, but in Paragraph 5 as I set out below, reference is only made to oil and gas? Do you have an accurate answer. It appears that the intent was oil and gas only?


MINERAL DEED

KNOW ALL MEN BY THESE PRESENTS, That Thomas A. Hammerel, a/k/a Tom Hammerel, a single man, whose mailing address is P. O. Box 2112, Bismarck, North DakotaNNN-NN-NNNN hereinafter called Grantor, for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable considerations, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey, transfer, assign and deliver unto Lorinda J. Becker, a/k/a Lori Becker, a single woman, whose mailing address isXXXXX Bismarck, North Dakota 58504, hereinafter called Grantee, all of the interest in and to all of the oil, gas and other minerals in and under and that may be produced from the following described lands situated in Burke County, North Dakota, to-wit:

10 mineral acres in and under the following described lands:

Township 162 North, Range 92 West
Section 9: NE1/4
Section 10: NW1/4

Sellers agree to sell, and Buyer agrees to buy, five (5) mineral acres in Section 9 (the legal description set forth above) and five (5) mineral acres in Section 10 (the legal description set forth above).

together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals, and storing, handling, trans¬porting and marketing the same therefrom with the right to remove from said land all of Grantee's property and improvements.

Paragraph 5: This sale is made subject to any rights now existing to any lessee or assigns under any valid and subsisting oil and gas lease of record heretofore executed; it being understood and agreed that said Grantee shall have, receive, and enjoy the herein granted undivided interest in and to all bonuses, rents, royalties and other benefits which may accrue under the terms of said lease insofar as it covers the above described land from and after the date hereof, precisely as if the Grantee herein had been at the date of the making of said lease the owner of a similar undivided interest in and to the lands described and Grantee one of the lessors therein.
TO HAVE AND TO HOLD the above described property and easement with all and singular the rights, privileges, and appurtenances thereunto or in any wise belonging to said Grantee herein their heirs, successors, personal representatives, administrators, executors, and assigns forever, and Grantor does hereby warrant said title to Grantee, their heirs, executors, administrators, personal representatives, successors and assigns forever and does hereby agree to defend all and singu¬lar the said property unto the said Grantee herein their heirs, successors, executors, personal representatives, and assigns against every person whomsoever claiming or to claim the same or any part thereof.


WITNESS our hands this ______ day of ________________, 2011.


By: _______________________________
Thomas A. Hammerel

STATE OF NORTH DAKOTA) ) ss
COUNTY OF ____________ )

On this _____ day of ______________, in the year 2011, before me personally appeared Thomas A. Hammerel, a single man, known to me to be the person described in and who executed the within instrument, and acknowledged to me that he executed the same.


(Seal) Notary Public in and for the State of North Dakota Printed Name:
My Commission Expires:
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your post.

I am sorry but I am afraid I will have to disagree with your interpretation here. Regardless of intent, since the opening paragraph listed "...and other minerals", that is a catch-all provision for any and all other subterranean resources, which would include coal as well. Regardless of Paragraph 5 calling it an "oil and gas" lease, since the terms include all other minerals, they are part o the transfer of the rights in this instance.

Good luck.
Customer: replied 2 years ago.
Did you check North Dakota Mineral Conveyance laws (Century Code)? What North Dakota law are you basing this on? North Dakota has different laws from those of other states. Coal is a big issue here and I was told that it needed to be specifically mentioned in the deed to be conveyed. Is that true? Thanks, Tom
Expert:  Dimitry Esquire replied 2 years ago.
Tom,

Thank you for your follow-up.


Actually I will modify my answer. After further digging and find more case law, North Dakota expressly removes "all other minerals" for any conveyance, and leaves the actual named element or hydrocarbon within the conveyance. This means that ONLY oil and gas are transferred, nothing else.

Here is the actual law,:

N.D.C.C. §47-10-24. Description and definition of minerals in leases and conveyances.

All conveyances of mineral rights or royalties in real property in this state, excluding leases,
shall be construed to grant or convey to the grantee thereof all minerals of any nature
whatsoever except those minerals specifically excluded by name in the deed, grant, or
conveyance, and their compounds and byproducts, but shall not be construed to grant or
convey to the grantee any interest in any gravel, clay, or scoria unless specifically included by
name in the deed, grant, or conveyance.
No lease of mineral rights in this state shall be construed as passing any interest to any
minerals except those minerals specifically included and set forth by name in the lease. For the
purposes of this paragraph the naming of either a specific metalliferous element, or
nonmetalliferous element, and if so stated in lease, shall be deemed to include all of its
compounds and byproducts, and in the case of oil and gas, all associated hydrocarbons
produced in a liquid or gaseous form so named shall be deemed to be included in the mineral
named. The use of the words "all other minerals" or similar words of an all-inclusive nature in
any lease shall not be construed as leasing any minerals except those minerals specifically
named in the lease and their compounds and byproducts.
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 35611
Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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