A Florida Warranty Deed for Surface and Mineral Interests is a legal document used to transfer ownership of both the surface rights and mineral interests in a property located in Florida. This type of deed ensures the buyer, known as the grantee, that the seller, known as the granter, has valid ownership rights and the authority to transfer those rights. In a Florida Warranty Deed for Surface and Mineral Interests, the granter guarantees that the property is free from any claims or defects, except those specifically mentioned in the deed. This means that if any unforeseen issues arise, such as a third party claiming ownership, the grantee can seek legal recourse against the granter. There are different types of Florida Warranty Deeds for Surface and Mineral Interests, depending on the specific circumstances and intentions of the parties involved. These include General Warranty Deeds, Special Warranty Deeds, and Quitclaim Deeds. A General Warranty Deed is the most widely used type of warranty deed. In this deed, the granter provides a broad warranty that they have clear and valid title to the property, and the property is free from any encumbrances or defects. A Special Warranty Deed, on the other hand, provides a narrower warranty. The granter in this case warrants only against any claims or defects arising during their ownership of the property, excluding any prior claims or defects. Finally, a Quitclaim Deed is a non-warranty deed that transfers any existing interest the granter may have in the property, without making any promises or warranties about the title. This type of deed is often used in situations where the granter is unsure about the extent of their ownership or wants to relinquish their interest without any guarantees. In summary, a Florida Warranty Deed for Surface and Mineral Interests is a legal document used to transfer ownership of both surface rights and mineral interests in a property. Different types of warranty deeds, including General Warranty Deeds, Special Warranty Deeds, and Quitclaim Deeds, provide varying levels of warranty protection to the grantee.
Florida 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.