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

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 whittled away. A recent Colorado […]

Developers and owners of real property typically enter into a variety of contracts concerning the use of real property. This is particularly true in the natural resource extraction industry. Generally, under Colorado law contractual obligations may be deemed personal covenants that bind only the parties signing the agreement, or they may be covenants that “run […]