Sibert v. Kubas

PEDERSON, Justice.

The dispositive issue in this case is whether or not a grantee’s constructive notice of a third-party interest in minerals alone precludes application of the Duhig doctrine. 1 We hold that it does not, and we affirm the judgment quieting title to the designated property, the surface and one-half of the minerals, in the defendants (collectively referred to as Kubas).

It is undisputed that the State of North Dakota owns a one-half interest in the minerals by virtue of a statutory reservation explicitly recited in a properly recorded 1952 deed. The State is not a party to this…