Idaho Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal
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FAQ
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
A Warranty Deed is signed at closing in purchase and sale transactions. It conveys the title of the property from the grantor, or seller, to the grantee, or buyer.
Warranty deeds provide greater protection for the buyer, while quitclaim deeds are often used in situations where there is already a pre-existing relationship of trust between the parties, or when the transaction involves only a small amount of money.
As used in section 47-701, Idaho Code, the term "salable minerals," means a mineral substance that can be taken from the earth and that has a value in and of itself separate and apart from the earth and includes, but is not limited to, building stone, cinders, pumice, scoria, clay, diatomaceous earth, sand, gravel, ...
The state not only owns the beds and banks of the navigable waterways below the ordinary high watermark, it also owns the mineral rights associated with this land. The Idaho Department of Lands (IDL), acting under the direction of the State Board of Land Commissioners manages the mineral estate of these lands.
A warranty deed ensures a buyer that the property is owned by the seller and is able to be sold without any encumbrances. A deed of trust is used in certain states, and represents a buyer's guarantee with their lender to repay the property loan as scheduled.
Land Owner reserves to itself all the minerals and other extractive resources. Said reservation shall not diminish the right of the Land Lessee under this Land Lease to occupy and freely use the Land.
Ownership types Surface rights owners own the surface and substances such as sand and gravel, but not the minerals. The company or individual who owns the mineral rights owns all mineral substances found on and under the property. There are often different surface and mineral owners on the same land.
Idaho leads in the production of pumice/pumicite; is a major producer of garnet, feldspar, lead, molybdenum, perlite, phosphate, silver, zeolites, and zinc; and also produces aggregates, cement, copper, dimension stone, lime, and gemstones.
A royalty is a fee that is imposed by local, state or federal governments on either the amount of minerals produced at a mine or the revenue or profit generated by the minerals sold from a mine.