Florida Deed (As to Specified Subsurface Depths)

State:
Multi-State
Control #:
US-OG-977
Format:
Word; 
Rich Text
Instant download

Description

This form is a deed as to specific subsurface depths.

A Florida Deed (As to Specified Subsurface Depths) is a legal document used in real estate transactions in the state of Florida to specify certain subsurface rights and restrictions related to a property. This type of deed provides crucial information about the rights and limitations of the property owner concerning the subsurface depths of the land. One of the key purposes of a Florida Deed (As to Specified Subsurface Depths) is to outline the depth to which a property owner possesses the rights to the subsurface. This can include mineral rights, water rights, or any other valuable resources that may exist beneath the surface of the property. By specifying these depths, the deed ensures clarity and prevents any future disputes or confusion. There are different types of Florida Deed (As to Specified Subsurface Depths) that can be used, depending on specific circumstances or agreements between the parties involved. Some examples include: 1. Mineral Rights Deed: This deed specifically transfers or reserves the rights to extract minerals such as oil, gas, coal, or metals from the subsurface depths. It lays out the depth range within which these mineral rights apply and any associated limitations or conditions. 2. Water Rights Deed: This type of deed pertains to properties that have water resources beneath the surface, such as underground water tables or aquifers. It defines the extent of water rights, including extraction, usage, or diversion rights, and any restrictions imposed by regulations or agreements. 3. Easement Deed: An easement deed grants a third party the right to use or access a specific portion of subsurface depths for a particular purpose. For instance, an easement may give a utility company the right to install and maintain underground utility lines, such as pipelines or cables, on the property. 4. Conservation Easement Deed: This type of deed is used when the property owner wishes to restrict or prohibit certain activities that may potentially harm environmentally sensitive subsurface areas. It can stipulate limitations on mining, drilling, or any development activities that could damage the ecological balance or natural resources. In summary, a Florida Deed (As to Specified Subsurface Depths) is an important legal document that provides clarity and protection regarding the rights and restrictions pertaining to subsurface depths of a property. It ensures that property owners, third parties, and future buyers have a clear understanding of the rights and limitations associated with the subsurface of the land.

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FAQ

The general warranty deed conveys the most title assurance and is the most commonly used deed in the sale of property in Florida. A general warranty deed warrants that title is free from any claims that arose during the grantor's possession or the possession of anyone who owned the land prior to the current grantor.

WHEN SUBSURFACE RIGHTS ARE SEVERED FROM THE PROPERTY, THE OWNER OF THOSE RIGHTS MAY HAVE THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE, OR REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY EITHER DIRECTLY FROM THE SURFACE OF THE PROPERTY OR FROM A NEARBY LOCATION. SUBSURFACE RIGHTS MAY HAVE A MONETARY VALUE.

A seller can allow a buyer's attorney to prepare the deed or the seller can retain a Daytona real estate attorney to represent the seller during the real estate closing process. All deeds executed in Florida must be signed in the presence of a notary public and two witnesses.

Each county in Florida has a public records website where you can conduct a search. You can use the search filters to narrow the results to deeds, and further filter by grantor/grantee, date of issuance, and other criteria (note that the dates must be exact, not approximate, in order to return accurate results).

The different types of deeds exist to account for what the grantor can convey, what the grantor wants to convey, and what warranties the grantor wants to be encompassed within. The types of deeds we see most often are the general warranty deed, the special warranty deed, the quitclaim deed, and the ladybird deed.

There are five (5) main types of Deeds in Florida that will be addressed in this article: (1) Warranty Deed; (2) Special Warranty Deed; (3) Quitclaim Deed; (4) Life Estate Deed; and the (5) Enhanced Life Estate Deed (Lady Bird Deed).

There are three steps to transferring property using a quitclaim deed in Florida: Enter the required information on the deed form. Sign the deed with two witnesses and a notary. Record the deed with the county.

General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantor's ownership and a legal right to sell.

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Florida Deed (As to Specified Subsurface Depths)