Montana Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal
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FAQ
Notary fees are normally charged to the party whose signature is being notarized. For the warranty deed, that is the seller.
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.
A lawful warranty deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.
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.
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.
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.
An owner can separate the mineral rights from land by: Conveying (selling or otherwise transferring) the land while retaining the mineral rights. (This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller.)
Mineral records are complicated and it may take intensive research to establish title, but minerals are real property and therefore similar to real estate.