Grantor-grantee index vs tract index in Texas
Loc. Gov't Code ch. 193, Prop. Code ch. 13, Ins. Code § 2501.004
What the county clerk's index is under the statutes, what a name search can miss, and how an abstract plant differs.
Grantor · Grantee · Instrument · Vol/Pg
Send a county and a legal description. We search the grantor and grantee index, run the chain, and send back a runsheet with the title issues marked. We are also building self-serve search; tell us your county and we'll write when it's ready.
Next comes your name and email. Nothing is sent until you press Send. Rather call? (307) 263-8515.
| Filed | Grantor | Grantee | Instr. | Vol/Pg |
|---|---|---|---|---|
| 03/14/1911 | State of Texas | Doe, John | Pat. | 4/112 |
| 06/02/1938 | Doe, John et ux | Roe, Richard | WD | 88/301 |
| Res. 1/2 MI. Was 1/2 already out? Duhig. | ||||
| 09/19/1952 | Roe, Richard | Blackacre Bank | DT | 131/57 |
| No release of record. | ||||
| 04/11/1977 | Roe, Richard, dec'd | Roe, Mary et al | AOH | 402/88 |
| No probate. AOH only. | ||||
| 08/30/1981 | Roe, Mary et al | Blackacre Oil Co. | OGL | 455/210 |
| 3-yr term, no prod., no release. | ||||
| 05/06/1996 | Stiles, John | Stiles, Jane | MD | 1102/45 |
| Grantor not in chain. Wild deed? | ||||
Every search works the same two books: the grantee index back to the patent, then the grantor index forward, one owner at a time. Why that index is by name and where it stops is in the guide to the grantor-grantee index and the tract index.
Send the county and the legal. One of our landmen reads the request and replies by email with what the county's records support, how far back we'd run it, and the terms for the work. Nothing starts until you say so.
Want to search a county yourself? Choose the last option in the form and we'll write once, when self-serve search opens in your county.
We work as independent landmen, not attorneys. A runsheet is not an attorney's opinion on title; we work alongside your examiner. Which instrument clears a title requirement is a call for your examiner or attorney.
Rather call? (307) 263-8515 or hello@title.wiki.
Texas and Louisiana title reference: the defects that turn up on a runsheet, the cure each one usually takes, and the cases and statutes behind them. It is not a substitute for the advice of an attorney.
Longer reading on how Texas records work, with the statutes, rules and official pages cited and the date each was opened.
Loc. Gov't Code ch. 193, Prop. Code ch. 13, Ins. Code § 2501.004
What the county clerk's index is under the statutes, what a name search can miss, and how an abstract plant differs.
Local Schedule CC, GLO, RRC, Tax Code § 25.02
Which office holds which record, the book or database to ask for, and what each one cannot tell you.
Prop. Code ch. 13, Altman v. Blake, Occ. Code § 954.001
How an MOR builds on a courthouse runsheet to tabulate surface, mineral, NPRI, and leasehold decimals, and how it differs from an attorney's opinion on title.
GLO Abstracts, Nat. Res. Code § 52.171, Prop. Code § 5.028
How to read a Texas abstract number, railroad block, odd/even section, or Spanish league and labor, and what description errors draw curative requirements.
Duhig v. Peavy-Moore, McMahon v. Christmann, Trial v. Dragon
How an unexcepted prior mineral reservation collides with a warranty deed reservation, how Trial v. Dragon affects independent heirs, and how overconveyances are cured.
Altman v. Blake, Hysaw v. Dawkins, Van Dyke v. Navigator
The five attributes of a Texas mineral estate, fixed vs. floating NPRIs, the double-fraction presumption, and why NPRI pooling requires ratification.
Look up a defect by what it is, the instrument that cures it, or the case or statute behind it.
| No. | Defect | Rule | Usual cure | Authority |
|---|---|---|---|---|
| 01 | Record owner dec'd, no probate | A recorded AOH is prima facie evidence of the heirship facts in it once it has been of record five years. | AOH by disinterested witnesses who knew the family, recorded where the land lies. Heirship proceeding if the examiner won't take the AOH. | Tex. Est. Code §§ 203.001, 203.002 |
| 02 | Intestate, children from a prior marriage | If the dec'd spouse leaves a child who is not also the survivor's, the dec'd's half of the community passes to the dec'd's children, not to the surviving spouse. | AOH showing each marriage and every child; joinder of all heirs in leases and division orders. | Tex. Est. Code § 201.003(c) |
| 03 | Out-of-state will, not probated in Texas | A will probated in another state can be recorded in the Texas deed records to pass title, or proved up in ancillary probate. | Authenticated copy of the will and the foreign probate order, recorded in each county where the land lies. | Tex. Est. Code ch. 503 |
| 04 | Overconveyance: the reservation collides with the warranty | Duhig. The grantor warrants the whole and reserves an interest, but part is already outstanding. The reservation fails to the extent needed to make the grantee whole. | Stipulation of interest, or a mineral quitclaim from the grantor's heirs or successors. | Duhig v. Peavy-Moore Lumber Co., 144 S.W.2d 878 (Tex. 1940) |
| 05 | NPRI: fixed or floating? | "1/2 of the royalty" floats with the lease royalty; "1/16 of production" is fixed. Read the whole instrument; older "1/8" language may stand for the landowner's royalty. | Stipulation of interest between the mineral and NPRI owners, recorded. | Hysaw v. Dawkins, 483 S.W.3d 1 (Tex. 2016); U.S. Shale Energy II, LLC v. Laborde Props., L.P., 551 S.W.3d 148 (Tex. 2018) |
| 06 | Strip or gore left out of a description | A deed to land along a narrow strip (road, railroad, fence line) is presumed to carry the strip and its minerals unless the grantor reserves it in so many words. | Boundary agreement and quitclaim from the adjoining owner or the grantor's successors. | Strayhorn v. Jones, 300 S.W.2d 623 (Tex. 1957) |
| 07 | Clerical error: misspelled name, wrong recording reference | A nonmaterial error can be fixed by a correction instrument from a person with personal knowledge of the facts, with notice to the other parties. | Nonmaterial correction instrument (the old scrivener's affidavit), recorded. | Tex. Prop. Code § 5.028 |
| 08 | Material error: wrong tract, omitted land, changed fraction | A material correction must be signed by every party to the original instrument, or their heirs or successors. | Material correction instrument signed by all original grantors and grantees. | Tex. Prop. Code § 5.029 |
| 09 | Gap in the chain | A mesne conveyance is missing between two owners of record. Limitation title can close a surface gap, but possession of the surface after severance does not reach the minerals. | Quitclaims from the heirs or successors of the last record owner, or affidavits of use and possession supporting limitation title. | Tex. Civ. Prac. & Rem. Code §§ 16.024 to 16.028 |
| 10 | Stranger to title (wild deed) | A deed from someone with no recorded interest sits outside the chain and gives no constructive notice to later purchasers. | Affidavit of identity if the grantor is a record owner under another name; otherwise a quitclaim from the record owner's successors. | Tex. Prop. Code § 13.001 (recording act). The wild-deed rule is case law. |
| 11 | Executive leased on terms that favor itself | The executive owes non-executive owners utmost good faith and fair dealing. It can't unfairly favor itself at their expense. Whether it did is a fact question. | Ratification of the lease by the non-executive owners, with the terms disclosed. | Manges v. Guerra, 673 S.W.2d 180 (Tex. 1984); KCM Fin. LLC v. Bradshaw, 457 S.W.3d 70 (Tex. 2015) |
| 12 | DT matured more than four years ago, no release | The lien and power of sale are void four years after the last installment matures, unless a recorded extension keeps them alive. If the maturity date isn't of record, limitations can't be shown from the record. | Release from the lender or its successor, or proof of the maturity date. Look for a recorded extension first. | Tex. Civ. Prac. & Rem. Code §§ 16.035, 16.036 |
| 13 | Abstract of judgment against a mineral owner | A recorded and indexed abstract is a lien on the debtor's nonexempt real property in the county, minerals included, for ten years, ending sooner if the judgment goes dormant. | Release of the judgment lien, or a partial release as to the tract. | Tex. Prop. Code §§ 52.001 to 52.006 |
| 14 | OGL (oil and gas lease) past its primary term, no release | A Texas OGL is a fee simple determinable. With no production or savings-clause operations at the end of the term, it ends on its own. | Release from the lessee, or an affidavit of non-production backed by state production records. | W.T. Waggoner Estate v. Sigler Oil Co., 19 S.W.2d 27 (Tex. 1929) |
| 15 | Lease partly in a unit: is the outside acreage held? | Without a Pugh clause, unit production holds the whole lease, inside the unit and out. With one, acreage outside the unit drops as the clause provides. | Read the pooling and Pugh clauses. If outside acreage dropped, a partial release from the lessee. | Hunter Co. v. Shell Oil Co., 31 So. 2d 10 (La. 1947). A Texas lease turns on its own words. |
| 16 | Mineral servitude, ten years without use | A servitude prescribes after ten years of nonuse. Good-faith operations for the discovery and production of minerals interrupt it. After a dry hole, a new ten years runs from the last day of actual drilling operations. | Affidavit of nonuse. On written demand, the former servitude owner owes a recordable act showing the servitude is extinguished. | La. R.S. 31:27, 31:29, 31:30, 31:206 |
Nothing matches. Try heirship, Duhig, lease, lien or servitude.
16 entries
Four cases that decide a lot of runsheet comments.
Duhig v. Peavy-Moore Lumber Co., 144 S.W.2d 878 (Tex. 1940)
A grantor conveys by warranty deed and reserves 1/2 of the minerals, but 1/2 is already outstanding in someone else. He can't keep the reservation and honor the warranty, so the reservation fails as far as needed to make the grantee whole.
Cure: stipulation of interest, or a mineral quitclaim from the grantor's successors. Index No. 04
Altman v. Blake, 712 S.W.2d 117 (Tex. 1986)
The right to develop, the executive right to lease, and the rights to bonus, delay rentals and royalty. Convey only the royalty and you have an NPRI: it shares in production, with no say in leasing and no bonus or rentals.
Cure: read the grant and the reservation together; where owners disagree, a stipulation of interest signed by all of them. Index No. 05
Smith v. Allison, 301 S.W.2d 608 (Tex. 1956)
A cover-all clause is read to pick up small strips and gores left out of the description, not to carry a substantial tract the parties never described. A good-sized tract that hangs on a cover-all clause will draw a title requirement.
Cure: a deed or quitclaim that describes the tract. Index No. 06
Manges v. Guerra, 673 S.W.2d 180 (Tex. 1984)
Whoever holds the executive right owes the non-executive owners utmost good faith when leasing (KCM Fin. LLC v. Bradshaw, 457 S.W.3d 70 (Tex. 2015)). The executive right is an interest of its own and can be conveyed separately (Day & Co. v. Texland Petroleum, 786 S.W.2d 667 (Tex. 1990)).
Cure: ratification by the non-executive owners, with the terms disclosed. Index No. 11
Shorthand you will see on our runsheets.
Searches first, then a few title questions that come up often.
We haven't published a coverage list, and self-serve search isn't open yet. Send the county and we'll tell you whether we can run it and on what terms.
No. A runsheet is the record chain with a landman's comments. A legal opinion on title is an attorney's work. We're independent landmen, not attorneys, and we work alongside your examiner.
As far as the job needs. Back to patent for a full mineral chain; a bring-down from a date or instrument you name for a lease check or an update. The scope note says where we started and where we stopped.
Under Tex. Prop. Code § 5.028, a nonmaterial error (a misspelled name, a wrong recording reference, an obvious typo) can be fixed by a correction instrument from a person with personal knowledge of the facts. A material change, like a different fraction, an added party or a moved boundary, needs a correction instrument signed by every original party or their heirs (§ 5.029).
Under Tex. Civ. Prac. & Rem. Code § 16.035 the lien is void four years after the last installment matures, unless a recorded extension keeps it alive (§ 16.036). The examiner has to see that date and look for an extension. If the DT doesn't state a maturity and nothing else of record shows it, expect a requirement for a release.
Good-faith operations for the discovery and production of minerals interrupt prescription (La. R.S. 31:29). Under La. R.S. 31:30, the interruption takes effect the day actual drilling begins, and a new ten years runs from the last day actual drilling operations were conducted.
A fixed NPRI is a set share of production, like 1/16 of all oil and gas, whatever the lease royalty. A floating NPRI is a share of whatever royalty a future lease sets, like 1/2 of the royalty. The words of the reservation decide which, read as a whole (Hysaw v. Dawkins).