Colorado Gift Deed of Mineral Interest with No Warranty

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Multi-State
Control #:
US-OG-059
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Word; 
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Description

This form of deed conveys an interest in minerals, as a gift. In States, such as Texas, recognizing community property, a gift deed creates separate property in the grantee.

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FAQ

Quitclaim Deed A deed used to transfer any interest in real property that the grantor may have. It contains no warranties of any kind.

Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.

To transfer mineral rights: The grantor's lawyer has to come up with a deed of transfer to the grantee. The grantee accepts the deed of transfer and goes on to register themselves as the new rightful owner at the office of the Colorado State land board.

Minerals include gold, silver, coal, oil, and gas. If you want to transfer the rights to these minerals to another party, you can do so in a variety of ways: by deed, will, or lease. Before you transfer mineral rights, you should confirm that you own the rights that you seek to transfer.

The quitclaim deed, also called a non-warranty deed, offers the grantee the least amount of protection. This type of deed conveys whatever interest the grantor currently has in the property?if any.

Non-Producing Mineral Rights Value in Colorado Mineral buyers try to avoid these types of properties. You can expect to sell non-producing mineral rights for under $1,000/acre. The value typically falls in the $0 to $250/acre range.

Whether mineral rights transfer with the property depends on the estate type. If it's a severed estate, surface rights and mineral rights are separate and do not transfer together. However, if it's a unified estate, the land and the mineral rights can be conveyed with the property.

In short, the distinction between the two forms of ?warranty? deeds is that in a general warranty deed, the seller warrants against anything any owner of the property ever did to encumber title and in a special warranty deed the seller only warrants against anything the seller did to encumber title.

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Colorado Gift Deed of Mineral Interest with No Warranty