- December 12, 1989
- All Washington Agents
- Mineral Reservations
The Washington Court of Appeals has ruled that the following Northern Pacific Railway Company mineral reservation did not reserve oil and gas. Kunkel v. Meridian Oil, Inc., 775 P.2d 470 (Wash. App. 1989).
"Excepting and reserving onto the party of the first part, its successors and assigns, forever, all minerals of any nature whatsoever upon or in said land, including coal and iron, and also the use of such surface ground as may be necessary for exploring for and mining or otherwise extracting and carrying away the same..."
The courts have not been very consistent interpreting mineral reservations and it is difficult to predict these cases. We should not attempt to define mineral rights.
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