Hi My name is Alberta Kinkade Porter. My grandfather was Roy or Robert Kinkade and he was born in Kentucky but at one point he lived in Oliney Ill. What line is your family from? Mine is Robert and Mary Kinkade from Hardin County Kentucky. Hope to hear from you. Alberta Porter ----- Original Message ----- From: "Robert Kinkade" <bkinkade55@yahoo.com> To: <kincaid@rootsweb.com> Sent: Friday, December 12, 2008 8:22 AM Subject: Re: [KINCAID] Deeds and legal descriptions Thanks to all making recent posts about deeds and mineral rights. You've reminded me that when my grandfather sold his farm in southern Illinois (near Olney) that he retained the mineral rights, which I understand is fairly normal to do. He then passed away back in 1991 and I don't think that anything legally official was done about the mineral rights for heirs. I will now look into that. Robert Bruce Kinkade #35915 --- On Thu, 12/11/08, Don W. Kincaid <donwkincaid@cox.net> wrote: From: Don W. Kincaid <donwkincaid@cox.net> Subject: Re: [KINCAID] Deeds and legal descriptions from Norman To: kincaid@rootsweb.com Date: Thursday, December 11, 2008, 10:05 PM We arrived in Arizona this afternoon and will try to catch up on emails. We have had experience several times with deed errors so will give some input on this subject. In the states we have dealt in, the procedure to correct deed errors is similar to Canada. The seller may file a Correction Deed which is the simplest and easiest way to correct the mistake. If the Seller or heirs are not available, then the main way left is to have a lawyer go through a court process to clear the title using the correct information. They basically sue those who have held title to the land giving notice that they are correcting the Deed. They have to publish a notice of the suit in public newspapers a certain number of times and allow plenty of time for anyone to respond. We bought 200 acres in PA once that had 7 items to correct. There were no objections by anyone so the suit cleared the title problems and the new deed with the corrections was accepted by the title company as clear title. Some lawyers and title companies will accept affidavits done by neighbors, buyers or relatives who knew what was intended by the original deed in which the mistake was mad! e. Affidavits are used more to clear up mineral right ownership in Texas and New Mexico. We sure hope Norman's father can get his deed corrected. We are getting a little royalty from a 20 acres parcel my grandfather acquired back in 1918. New methods of drilling has opened up lots of land to oil or gas production. I would also recommend that all that own mineral rights to land they have sold to make sure a transfer is recorded to heirs so that children, grandchildren, great grandchildren and other heirs will receive any royalty payments on any future production. State laws vary but in Texas for instance, a production company must try to locate all the rightful owners of mineral rights under land they want to drill a well or wells under but if they can't locate all of them, they can still drill and the money goes to the state which holds it for 7 years after which if no one claims it, it becomes state property. Don ----- Original Message ----- From: Peter A. Kincaid To: kincaid@rootsweb.com Sent: Tuesday, December 09, 2008 10:13 PM Subject: Re: [KINCAID] Deeds and legal descriptions from Norman Under the registry system in my area, a gross error in the description creates a defect in the title which has to be rectified by a deed of rectification by the grantors to the original deed where the error occurred. If not possible (ie. the grantors has since passed) then the situation is much complicated and a quieting of titles process may be required. Best wishes! Peter ----- Original Message ----- From: Utahn1@aol.com To: Kincaid@rootsweb.com Sent: Tuesday, December 09, 2008 5:30 PM Subject: [KINCAID] Deeds and legal descriptions from Norman ----- Forwarded Message ---- From: Norman Kincaide <norman.kincaide@yahoo.com> To: kincaid@rootsweb.com Sent: Tuesday, December 9, 2008 11:03:03 AM Subject: Deeds and legal descriptions Dear Kincaid listers, I hope this message reaches you all in a timely fashion. I have been researching the deed and legal descriptions of the Sanford/Kincaide ranch where I grew up in Pueblo County, CO. My Dad asked me to look into a matter in which his name was still attached to our ranch which was sold in 1983 to the Pueblo Bank & Trust Co. So I went to the Pueblo County Court House, a beautiful grand building that was awe inspiring when I was a kid and especially when the Christmas lights decorated its grand ediface. I found that my Dad still had a fraction of mineral rights attached to two lots, one of 24 acres and one of 28 acres in section 21. But the section number was incorrect (it should have been section 20) and applied to a section to the east of where our ranch was. I verifed this with the Mapping office in the court house. So the lesson here is if the section or the lots in a deed don't match what is indicated on the map or the survey there may be clerical error in the legal description or on the survey itself. This error had been carried on the original deed for the mineral rights in 1985 and not discovered until I looked at the deed and brought it to the mapping department and the mapping director and I looked at the interactive map that showed the wrong section, a section that belonged to one of our neighbors and was never part of our ranch. So this has inspired me to look further into the origin of the Sanford/Kincaide ranch in Pueblo County, CO. So I am going to look at all of the deeds pertaining to W.I. Sanford, my step-grandfather, who started farming and ranching in Pueblo County, CO in 1911. Sincerely Norman Kincaide To see the Kincaid of all spellings DNA chart in Excel: http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kincaid%20%20DNA.xls ------------------------------- To unsubscribe from the list, please send an email to KINCAID-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message To see the Kincaid of all spellings DNA chart in Excel: http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kincaid%20%20DNA.xls ------------------------------- To unsubscribe from the list, please send an email to KINCAID-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message To see the Kincaid of all spellings DNA chart in Excel: http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kincaid%20%20DNA.xls ------------------------------- To unsubscribe from the list, please send an email to KINCAID-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message To see the Kincaid of all spellings DNA chart in Excel: http://freepages.genealogy.rootsweb.com/~adgedge/Research/April%202004/Kincaid%20%20DNA.xls-------------------------------To unsubscribe from the list, please send an email toKINCAID-request@rootsweb.com with the word 'unsubscribe' without the quotesin the subject and the body of the message