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Where the mineral rights on a proposed project site have been severed, the developer is the owner or tenant of the surface estate, but a third party party holds the mineral estate.
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.
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.
A mineral interest is an economic interest in subsurface minerals. This interest gives the owner the right to mine the minerals situated beneath the surface of a property. For the purposes of this definition, minerals are assumed to include hydrocarbons.
A Mississippi quitclaim deed is a type of deed that transfers property with no warranty of title. The new owner receives whatever title the transferor holds in the property, but the transferor does not guarantee that he or she actually has a valid interest to transfer.
After a divorce, mineral rights can be transferred by submitting the divorce decree and conveyances to the county (where the minerals are located) for recording. They usually go to the same agency that records titles and property deeds. The county will return the recorded original documents to the new owner.
Severance by mineral deed occurs when someone who owns both the surface and mineral rights chooses to sell all or a portion of the mineral rights to another party. Another scenario is when the owner of both the surface and mineral rights sells the land to one party and the minerals to a different party.
The term severed mineral rights refers to a state of title to a given parcel of land in which the mineral estate is owned by a party other than the party that is the owner of the surface estate ? in other words, the mineral estate has been severed from the surface estate.