This form is a Quitclaim Deed of Mineral Interests where the Grantor is an individual and the Grantee is an individual. Grantor conveys and quitclaims the stated portion of the described mineral interests to Grantee. This deed complies with all state statutory laws.
Montana Quitclaim Deed of Mineral Interests
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FAQ
V. to transfer title (official ownership) to real property (or an interest in real property) from one (grantor) to another (grantee) by a written deed (or an equivalent document such as a judgment of distribution which conveys real property from an estate).
It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
Recording This form must be filed with the County Clerk and Recorder's Office in the jurisdiction where the land is located (See County Website List). Signing (§ 70-21-203) A quit claim deed that is filed in Montana must be witnessed by a Notary Public upon the signature(s) of the Grantor(s).
1. You're buying the least amount of protection of any deed. Also called a non-warranty deed, a quitclaim deed conveys whatever interest the grantor currently has in the property if any. The grantor only "remises, releases, and quitclaims" their interest in the property to the grantee.
The drawback, quite simply, is that quitclaim deeds offer the grantee/recipient no protection or guarantees whatsoever about the property or their ownership of it. Maybe the grantor did not own the property at all, or maybe they only had partial ownership.
Quitclaim deeds do not rid the grantor of tax obligations.However, once a grantee accepts a clear title on the property, they inherit the responsibility of paying the newly acquired property taxes. The grantor no longer is obligated to pay future taxes on the property.
Mineral rights are often sold separately from the land they are on. You may have title to the mineral rights on a property you own, or a previous owner may have sold or leased them in which case, they may not be yours to sell. But there is no need to abandon the idea of monetizing your mineral reserves!
A quitclaim deed transfers the owner's entire interest in the property to the person receiving the property but it only transfers what he actually owns, so if two people jointly own the property and one of them quitclaims his interest to his brother, he can only transfer his half of the ownership.
If the quitclaim deed requires the signature of all co-owners, the deed is invalid unless all co-owners have signed it and the deed is then delivered to the grantee.If one individual owns real estate and desires to add a co-owner such as a spouse, a quitclaim deed might be used.