North Carolina Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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FAQ
So, what does it mean to convey mineral rights? Mainly, conveying describes transferring the ownership permanently or temporarily to another person. Thus, a sale or transfer of ownership of a mineral rights property is known as conveying.
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.
Mineral rights generally include the right to sell all or part of the interest, the right to enter the land to produce and carry on production activities, the right to lease the mineral rights to others, and the right to create fractional shares of the mineral interest.
People sell their mineral rights for a variety of reasons. Some need immediate cash, while others are seeking to improve the quality of their lives. Most want to sell while their minerals still have value and to avoid burdening their heirs with the learning curve and management duties.
A subordination agreement is one where the lending party agrees to assign the pre-existing lien a lower priority to a subsequent oil and gas lease. As a result, it is as if the lease had been executed and recorded prior to the lien.
This is referred to as a severed estate, where someone owns the property surface rights with the mineral rights being separate. The rising value of oil and minerals have increased the popularity of investing in the mineral rights but not the property rights.
Surface rights are what you own on the surface of the property. These include the space, the buildings and the landscaping. Mineral rights, on the other hand, cover the specific resources beneath the surface. In areas designated for mining, it's common for surface rights and mineral rights to be separate.
Also known as a mineral estate, mineral rights are just what their name implies: The right of the owner to utilize minerals found below the surface of property. Besides minerals, these rights can apply to oil and gas. Interestingly, mineral rights can be separate from actual land ownership.