Colorado Warranty Deed for Surface and Mineral Interests
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How to fill out Warranty Deed For Surface And Mineral Interests?
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FAQ
A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed)
By Colorado law, the mineral rights are considered the "dominant estate" and the surface owner may not prevent the mineral rights holder from "entering up and using that amount of the surface that is reasonable and necessary to explore for, develop and produce" the minerals.
When mineral rights are inherited, the value basis is not what the previous owner bought the land for- it is the value at the time of the inheritance. The value of the inherited mineral rights should be reassessed at the time of inheritance to reflect current market value.
Severance of mineral interests in Colorado is very much possible as it requires the landowner to separate or give up the land ownership rights to someone else. This severance splits the ownership of mineral rights from ownership of surface rights leaving the owner to do with as they please.
In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone. Many property owners do not understand mineral rights.
The General Mineral Deed in Colorado Quitclaims oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.
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.
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.