Kentucky Partition Deed for Mineral / Royalty Interests

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Multi-State
Control #:
US-OG-054
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Word; 
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If parties, owning undivided interests in lands, desire to partition those interests so that each party owns the entire interest in a particular tract of land, this may be accomplished by a partition deed. This form addresses that situation.

A Kentucky Partition Deed for Mineral/Royalty Interests is a legal document that addresses the division or distribution of mineral rights and royalties among co-owners of a property in Kentucky. This deed serves as a means of settling ownership disputes among the parties involved and ensuring an equitable distribution of the interests. In cases where multiple individuals or entities hold ownership in a mineral or royalty interest, conflicts may arise due to differing opinions on how to utilize or distribute these rights. A Partition Deed allows for the fair division of the interests, either by separating the property into distinct portions or by allocating specific royalty shares to each owner. Common types of Kentucky Partition Deeds for Mineral/Royalty Interests include: 1. Three-Tenant Partition Deed: This type of deed applies when three or more individuals or entities jointly own mineral or royalty interests in a property. The partition process involves dividing the interests among the co-owners, ensuring their respective shares are clearly defined. 2. Tenancy-in-Common Partition Deed: When there are multiple owners who each hold an undivided interest in a property's minerals or royalties, a Tenancy-in-Common Partition Deed can be utilized. This type of deed details how the co-owners will divide their interests and manage their rights. 3. Joint Tenancy Partition Deed: In cases where co-owners hold an equal interest in a property's mineral or royalty rights, a Joint Tenancy Partition Deed may be employed to partition the interests fairly among the parties. This document outlines the division process, ensuring each co-owner receives an equitable portion. The Kentucky Partition Deed for Mineral/Royalty Interests plays a crucial role in resolving ownership disputes and facilitating the efficient distribution of rights and royalties. It helps define the rights of each co-owner and ensures clarity in their respective interests. By utilizing this legal document, conflicts can be avoided, and the property's mineral or royalty rights can be properly allocated among all parties involved.

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FAQ

A quick overview of the differences between mineral rights and royalty interests shows a mineral interest is a real property interest obtained by severing the minerals from the surface and a royalty interest grants an owner a portion of the production revenue generated.

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

Mineral rights deeds are not the same as royalty deeds. Royalty deeds do not allow for surface access, or for the initiation of the extraction and sale of minerals. A royalty owner will only benefit economically if the mineral owner decides to produce and sell the minerals.

Surface rights are what you own on the surface of the property. These include the space, the buildings and the landscaping. Mineral rights, on the other hand, cover the specific resources beneath the surface. In areas designated for mining, it's common for surface rights and mineral rights to be separate.

With a mineral deed, the holder usually has responsibility for development and production of the extraction on the property. That risk comes with the potential reward of the majority of the profit that comes from it. With a royalty deed, the holder does not usually bear the risk of the development and production.

There are 6 types of mineral rights, including mineral interest (MI), royalty interest (RI), overriding royalty interest (ORRI), working Interest (WI), non-operated working interest, and net profits interest.

A Division Order is an instrument which sets forth the proportional ownership in produced hydrocarbons, including crude oil, natural gas, and NGL's. Sometimes the Division Order is referred to as a division of interest. More often than not, a single well or lease will have multiple owners.

The term ?undivided interest? refers to a type of ownership in which multiple parties share ownership of a single asset without the property being physically divided among them. This is commonly seen in real estate, natural resource holdings, and certain types of financial investments.

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May 12, 2016 — May 12, 2016. DIVISIONS OF PROPERTY OWNERSHIP. An owner of real property can divide and transfer interests in real property in a number of ... How to fill out Partition Deed For Mineral / Royalty Interests? When it comes to drafting a legal form, it is easier to leave it to the professionals.This deed, known as a mineral deed, is registered within the county register of deeds (typically county clerk's office) and will become a part of the abstract ... by TL Shaffer · 1960 — Interests in oil and gas in place are of three kinds: ownership of minerals in- dependent of surface ownership, royalty interests, and "working" or leasehold in ... 1. Create Documents ... Have an attorney draft a deed or assignment from the previous mineral owner (or their Estate or Trust) to the new mineral owner. SELL YOUR ... The General Mineral Deed in Kentucky transfers oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or ... ROYALTY OWNERS FORMS PROGRAM · Agmt to Partition Community Property (Joint Tenancy, Rt of Survivorship) · Deed and Assignment (From Individual to a Trust) · Deed ... Make the steps below to fill out Partition Deed for Mineral / Royalty Interests online easily and quickly: Sign in to your account. Sign up with your email ... Aug 1, 2012 — Short answer: Oil and gas are migratory in the same way as a wild animal ("mineral ferae naturae"); they do not necessarily respect property ... by MG Hils · Cited by 2 — Kentucky case law has long imposed restrictions upon the would-be adverse possessor of a mineral estate, the title to which.

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Kentucky Partition Deed for Mineral / Royalty Interests