Massachusetts Subordination by Mineral Owners of Rights to Make Use of the Surface Estate - Transfer

State:
Multi-State
Control #:
US-OG-141
Format:
Word; 
Rich Text
Instant download

Description

This form addresses the situation in which mineral owners, as owners of the dominant estate, agree to relinquish their rights to make use of the surface of specific lands in which they own mineral interests.
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FAQ

Unsolicited purchase offers are happening in greater numbers and for greater ? sometimes much greater ? amounts than in the past. The upshot? Sometimes selling makes good sense. Indeed, depending on your situation, the sale of your mineral rights can represent a prudent ? and even compelling ? opportunity.

Yes, it can be beneficial to sell your mineral rights for a fair price, even producing rights. First, sellers must be aware of the different stages of the production process. They must also know the value their minerals and royalties command in every development stage.

Taxes: The #1 reason for selling mineral rights is taxes. If you inherited mineral rights and then sold them for $100,000, you could pay only $5,250 in taxes and keep $94,750. If you collect royalty income of $100,000, you could pay $30,000+ in taxes and only keep $70,000 and it would takes years to collect.

Transfer by deed: You can sell your mineral rights to another person or company by deed. Transfer by will: You can specify who you want to inherit your mineral rights in your will. Transfer by lease: You can lease mineral rights to a third party through a lease agreement.

Mineral rights can expire if the owner does not renew them or if they go unclaimed for a certain period of time. Mineral rights can also be sold, fractionalized, or transferred through gifting or inheritance.

The value of mineral rights per acre differs from state to state. Typically, the price ranges from $100 to $5,000 per acre in several states. In Texas, the average price per acre for non-producing mineral rights is usually between $0 and $250 per acre, as a general guideline.

Transfer By Will It is also possible to transfer or pass down mineral rights by will. The right to minerals transfers at the time of death to the individuals named as beneficiaries. If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir.

Cons of Selling Your Mineral Rights Loss of Potential Future Income: When you sell your mineral rights, you also give up any potential future income from those rights. This can be a significant loss if the mineral rights end up producing more than expected or if there are new discoveries in the future.

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Massachusetts Subordination by Mineral Owners of Rights to Make Use of the Surface Estate - Transfer