Montana Stipulation of Ownership of Mineral Interest in Specific Lands
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How to fill out Stipulation Of Ownership Of Mineral Interest In Specific Lands?
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FAQ
Finding Who Owns Mineral Rights To Your Property The legal description of your party can make the search easier. If you don't have that, you can take your property deed to the tax office, and they can help you find the legal description. The information should be held in the deed records room.
Surprisingly, these materials may or may not belong to the surface owner. Millions of acres of private land in the Montana/Dakotas region involve a split estate; where the surface ownership is private but the mineral rights are retained by the federal government or other entities.
The ownership of rights to minerals, including oil and gas, contained in a tract of land. A mineral right is a real property interest and can be conveyed independently of the surface estate.
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
The deed to the property is a good place to start researching mineral rights for property in Montana. For surface owners, if the deed says ownership of the property is fee simple or fee simple absolute, that means the surface and mineral rights are intact unless otherwise indicated in the chain of title.
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.
Mineral records are complicated and it may take intensive research to establish title, but minerals are real property and therefore similar to real estate.
