Question What does all this come down to:
"There is expressly reserved in the grantor's, their heirs and assigns, a non-participating royalty of one-half of the usual one-eighth royalty in the oil, gas, and minerals that at any time in the future may be produced from the above land. The owner of the fee title to said land shall at all times have the right to execute an oil, gas, and mineral lease or leases to said land, or any part there of with out the necessity of the joinder in said instrument of the grantors here in or their heirs or assigns, and the owner of this reservation shall not be entitled to participate in the rentals or bonuses paid for said lease or leases, but such lease or leases shall provide for at least an undivided one-eighth royalty in the usual producers form and from any and all production of oil, gas, or minerals from said land or anhy part thereof, the grantors, their heirs, or assigns shall be entitled to one-half of such one-eighth royalty delivered to them free on said land or to their order"
Thanks,
Howard
Answer Dear Howard: the reserveis for 1/16 or 6.25 % landowner royalty. The surface owner is conveyed a 1/64 and the Lessee does not need to obtain signatures of the reservation owner for a valid lease. A title lawyer might differ with the extent of the meaning of that "exception" to the mineral reservation. If you are the current fee owner, you have the right to execute a lease. there may be differences in the interpretation according to your state law.
good luck,
AHc
