North Dakota Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor

State:
Multi-State
Control #:
US-OG-130
Format:
Word; 
Rich Text
Instant download

Description

If an owner of a mineral or royalty interest, whose interest is subject to a mortgage/deed of trust, desires to sell or convey an interest, it is appropriate to obtain a release of that lien as to the interest conveyed. This form addresses that situation.

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FAQ

Yes, mineral rights can expire. There's no one answer to when they'll expire or how long they last. All agreements have different term lengths.

Mineral interests last indefinitely as long as they are not abandoned. Minerals are considered abandoned when they have not been used or claimed for twenty or more years. Minerals are ?used? when some type of activity such as production, leasing, or conveying occurs under North Dakota law.

Conventional Wisdom Says Never Sell After all, simply owning mineral rights costs you nothing. There are no liability risks, and in most cases, taxes are assessed only on properties that are actively producing oil or gas.

A mineral rights owner does not necessarily have to own the land property itself but must have a legal agreement with the property owner. In North Dakota, mineral rights can be transferred in three ways: deed, probate or court action.

In other states of America, the right to real property, both surface and mineral, is owned by separate entities. But in North Dakota, it is allowed to own both for the real property except when you decide to sell one of them.

Yes, it can be beneficial to sell your mineral rights for a fair price, even producing rights. First, sellers must be aware of the different stages of the production process. They must also know the value their minerals and royalties command in every development stage.

The mineral rights value in North Dakota is typically be between a few hundred per acre and a couple thousands per acre for non-producing/non-leased mineral rights. A lot will depend on which county you are in. If you have mineral rights in McKenzie County North Dakota you are going to see more demand than other areas.

How does mineral rights inheritance work in North Dakota? To inherit your mineral interests in North Dakota, North Dakota law has a rule that the grantor must have transferred them to an appointee or transferred directly to you to take effect at a certain time.

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North Dakota Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor