Reservation or Limitation on Warranty? Navigating the Fine Line — Lessons from Valence Operating Co. v. Davidson
In Valence Operating Co. v. Davidson1Valence Operating Co. v. Davidson, No. 06-23-00090-CV (Tex. App. Dec. 20, 2024)., the Court of Appeals for the Sixth Appellate District of Texas at Texarkana addressed whether the provision, “all Oil, Gas and other Minerals have been excepted and reserved by former owners,” contained in a 1964 deed, functioned as a reservation, thereby creating a new mineral right in favor of the grantor, or as a limitation on the warranty, thereby simply exempting the grantor from the liability on its warranty of title.…