Florida 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
What are Outstanding and Reserved mineral rights? Outstanding mineral rights are owned by a party other than the surface owner at the time the surface was conveyed to the United States. Reserved mineral rights are those rights held by the surface owner at the time the surface was conveyed to the United States.
Check your current ownership documents: title, deed and purchase agreement. One of these may spell out ownership of mineral rights. If not, contact the property appraiser's office in your county or check online databases at the county clerk's office for sales records, but they are incomplete.
Once the surface and mineral estates are severed, the surface estate and mineral estate remain independent. A mineral estate owner may retain a right of entry to access the mineral estate, which is a type of easement.
A warranty deed is a document used in real estate to certify that a property is owned free and clear. This means that the owner is rightfully clear of any liens, mortgages, or any other types of claims. In other words, a warranty deed form is used to prove ownership.
Florida law requires, among other things, that warranty deeds be signed by the grantor (owner) and witnessed by two witnesses. It should be recorded in the county where the property is located.
Transfer by deed. If you want to sell the mineral rights to another person, you can transfer them by deed. You will need to create a mineral deed and have it recorded. You should check with the county Recorder of Deeds in the county where the land is located and ask if a printed mineral deed form is available to use.
While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
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.