Kentucky 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
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.
Dominance of Mineral Estate This means that the owner of the mineral estate has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development, and production of the oil and gas under the property.
Kentucky Transfer-on-Death Deeds Kentucky has not authorized transfer-on-death (TOD) deeds. Property owners in states that allow TOD deeds can record a TOD deed during life without giving up any rights in the property until the owner's death.
Kentucky requires the person transferring property (the grantor) and the person receiving property (the grantee) to sign the deed. A deed from or to more than one person must be signed by all grantors and grantees. A deed involving an entity must be signed by a representative with legal power to act for the entity.
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 Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.
A Kentucky general warranty deed is used to transfer property from a seller (grantor) to a buyer (grantee) in Kentucky. A warranty deed provides a guarantee from the seller to the buyer that the property is clear of any title defects and that the seller has the legal authority to sell the property.
However, preparation of deeds and mortgages constitutes the practice of law and must be prepared by an attorney.
The grantor must sign the deed and signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement and the signatures must be notarized. The document must be filed in the county clerk's office of the county where the property is located (or the greater part).