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In Louisiana for example, if you sell land, you may retain ownership of the minerals beneath it for a period of 10 years and one day at which time you must transfer such mineral rights to the current owner of that tract of land, but only if that owner has retained the land for the same period of time.
Surface Rights in Louisiana Surface rights are those that cover the ability to oversee and control everything on the surface of the land ing to law. The holder is permitted by law to build, plant, and sell crops and timber on the land, even on a lease.
What is a Mineral Deed? A mineral deed is a legal form that transfers ownership of part or all the minerals, gas, or water on or under the land. The owner of the mineral deed typically owns the option to extract minerals, but does not have any right to the surface of the land, or any buildings on it.
A royalty deed gives its holder the right to receive a percentage of the profits from the sale of the minerals, if and when they are actually produced. This kind of legal document does not convey all of the mineral rights to the holder, only the right to receive royalties.
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.
A mineral deed form is a legal document, regarding the ownership of the minerals below the surface of the earth. It is important to understand that surface rights and mineral rights, on the same piece of land, can be owned by different parties.
A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. In North Dakota, mineral rights can be transferred in three ways: deed, probate or court action.