Recently, I learned of a Warranty Deed with specific language regarding the conveyance of all the mineral interests of the property for a period of 5 years, or for as long there is production, and the remainder shall be in fee title owners. 

 A title agent without questioning the Warranty Deed grantors as to their intent, or what the specific language used was meant to accomplish or say--what was the purpose of this language?  He simply chose to report when arranging a refinancing loan and mortgage closing with a  title insurance policy for the lender taking the mortgage.  About 10 years later the elders defaulted, and the property foreclosed.  Six months later, huge reservoirs of oil was discovered, and the elderly couple started to remember creating the warranty deed, the grantees did, but couldn't find the warranty deed, so they thought it hadn't been recorded.  When it was found, the grantees called for fraud charges.  Experts, what's your take?  Deed fraud?  Title fraud?  No charges?   Recourse/remedy?