Maryland Quitclaim Deed for Mineral / Royalty Interest
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How to fill out Quitclaim Deed For Mineral / Royalty Interest?
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Deed Requirements All deeds and other property-related documents must be accompanied by a completed Maryland State Intake Sheet. A deed which changes or transfers ownership of property must be accompanied by a lien certificate. A deed submitted without a lien certificate will not be processed.
A lawful gift deed must also include the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property.
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.
Laws & Requirements Signing Requirements: Maryland Code, Real Property, § 4-101: The grantor must sign a quitclaim deed in Maryland before a notary public. Recording Requirements: Maryland Code, Real Property, § 3-104: You must file Maryland quitclaim deeds with the Clerk of the Circuit Court in the property's county.
Quitclaim deeds must be accompanied by a completed intake sheet when submitting for recordation (Md. Code, Real Prop. 3-104). Other required documents may include an affidavit of residency, and/or Maryland Form MW 506 NRS for non-resident sale of property.
Certificate of Preparation Individuals not licensed to practice law in this state may not prepare a deed for anyone else. A Certificate of Preparation attests that the document was prepared by an attorney licensed to practice law in the State of Maryland.
Transfer tax is at the rate of . 5 percent of the actual consideration, unless they are a first-time Maryland home buyer purchasing a principal place of residence, in that case the transfer tax rate is . 25 percent of the actual consideration.
A Maryland deed must be filed with the clerk of the circuit court for the county where the real estate is located. Attorney Practice Note: Maryland law often requires deeds that change the property's ownership to be processed through the county's property tax office before filing with the clerk.
