Montana Warranty Deed for Surface and Mineral Interests

State:
Multi-State
Control #:
US-OG-532
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Word; 
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Description

This is a form of a Warranty Deed that includes both Surface and Mineral Interests.

A Montana Warranty Deed for Surface and Mineral Interests is a legal document used to transfer ownership of both the surface and mineral rights of a property in the state of Montana. This type of deed provides a guarantee, or warranty, from the seller to the buyer that they own the property and have the authority to sell it. The Montana Warranty Deed for Surface and Mineral Interests is typically used in real estate transactions involving properties that have both surface rights (the rights to use and occupy the land) and mineral rights (the rights to extract and utilize any minerals or resources beneath the surface). By using this deed, the seller is assuring the buyer that they have clear title to both the surface and mineral rights, and that there are no undisclosed claims, liens, or encumbrances. In addition to the standard language regarding ownership and warranties, the Montana Warranty Deed for Surface and Mineral Interests may include specific provisions related to mineral rights. These provisions may outline any existing leases, royalties, or agreements in place regarding the extraction, exploration, or development of minerals on the property. Additionally, they may detail any restrictions or conditions related to the use of the surface rights in conjunction with mineral rights activities. It is important to note that there are no specific variants or versions of the Montana Warranty Deed for Surface and Mineral Interests. However, there may be slight variations in the language and provisions depending on the unique circumstances of each transaction. Therefore, it is always recommended consulting with a qualified attorney or real estate professional when preparing or reviewing such a deed to ensure it accurately reflects the intentions of the parties involved and complies with applicable state laws. In conclusion, the Montana Warranty Deed for Surface and Mineral Interests is a legal instrument that facilitates the transfer of both surface and mineral rights when buying or selling real property. It provides a guarantee of clear title and protects the interests of the buyer in acquiring both the land and any valuable minerals situated beneath it. By understanding the key elements and provisions of this type of deed, buyers and sellers can ensure a smooth and secure transfer of property rights.

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FAQ

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.

Mineral records are complicated and it may take intensive research to establish title, but minerals are real property and therefore similar to real estate. Unlike metals or coal, in some formations oil and natural gas can migrate under the surface.

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.

County Forms The General Mineral Deed in Montana transfers oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.

An estimated 11.7 million acres of the private land in the state of Montana is split estate, meaning the surface land rights are privately owned and the subsurface mineral rights are federally owned.

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.

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I enclose the original recorded deed that we received last week for the property deeded to the. Montana Heritage Preservation and Development Commission from ... This form is often used when mineral rights have previously been severed or fragmented from surface rights and cloud a title, making it difficult to transfer ...Complete, change and print out and sign the obtained Montana Warranty Deed Conveying Oil, Gas, and Minerals - Mineral Rights Transfer. US Legal Forms may be the ... Obtain a printable Montana Quitclaim Deed of Mineral Interests within several clicks in the most extensive catalogue of legal e-files. Find, download and print ... Customer: I'm purchasing acerage east of Billing Montana, the Warranty deed says the grantor is conveying mineral right to the grantee. by JR Geraud · 2019 · Cited by 2 — Such an instrument would be a deed, or "mineral deed." The deed may convey with warranties of title, or it may be by quitclaim. While I have indicated a label ... May 10, 2023 — Montana warranty deed form to transfer Montana real estate. Attorney-designed and state-specific. Get a customized warranty deed online. A grant deed or warranty deed must contain the word "grant" in order to give warranties. ... There is no marketable record title act, so a complete search is ... Warranty Deed (Surface and Mineral Interest, Multiple Grantors). Deeds ... Quit Claim Deed (Mineral - Royalty Interest). Deeds - Royalty. Commingling and ... by RE Sullivan · 1955 · Cited by 10 — distinct and separate interests--(1) the fee simple title to the surface estate, ... Where the conveyance is by warranty deed and the interest reserved is of the ...

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Montana Warranty Deed for Surface and Mineral Interests