A North Dakota Warranty Deed for Surface and Mineral Interests is a legal document used to transfer ownership and convey both the surface rights and mineral rights of a property located in North Dakota. This type of deed provides a guarantee to the buyer (grantee) that the title to the property is free from any defects, claims, or encumbrances, except for those specifically mentioned in the deed. The North Dakota Warranty Deed for Surface and Mineral Interests is typically used in situations where the property being sold includes both the rights to use the surface land and the rights to extract and profit from any minerals, such as oil, gas, coal, or precious metals, beneath the surface. This deed is an important legal instrument as it ensures that the granter (seller) has full authority to convey both the surface rights and mineral rights to the grantee. It also guarantees that the granter is the rightful owner of these rights and that there are no undisclosed claims or restrictions that could jeopardize the grantee's ownership. Different variations or types of North Dakota Warranty Deeds for Surface and Mineral Interests may include: 1. General Warranty Deed for Surface and Mineral Interests: This type of deed provides the broadest level of protection to the grantee, as it guarantees the title to the property against any defects or claims that might arise from any point in the property's history, even before the granter acquired it. 2. Special Warranty Deed for Surface and Mineral Interests: This deed, also known as a Limited Warranty Deed, offers a narrower level of protection compared to the General Warranty Deed. It only guarantees the title against defects, claims, or encumbrances that occurred during the granter's ownership. 3. Quitclaim Deed for Surface and Mineral Interests: While not technically a warranty deed, a Quitclaim Deed is another option for transferring surface and mineral rights. Unlike warranty deeds, a Quitclaim Deed does not provide any guarantees or warranties regarding the granter's ownership or the condition of the title. It simply conveys whatever interest the granter possesses without making any promises about its validity. In summary, a North Dakota Warranty Deed for Surface and Mineral Interests is a legal document used to transfer both surface and mineral rights of a property in North Dakota. It provides a comprehensive guarantee of the title's ownership and protects the grantee against defects or claims, except for those explicitly stated in the deed. Different variations of this deed exist, including General Warranty, Special Warranty, and Quitclaim Deeds, each offering different levels of protection and warranties.
North Dakota Warranty Deed for Surface and Mineral Interests
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FAQ
A North Dakota property owner may transfer or retitle real estate during the owner's life using a signed, written deed. A North Dakota deed must satisfy the legal requirements described below to be eligible for recording and to legally transfer title to the new owner.
Before a warranty deed can be recorded in North Dakota, it must be signed and acknowledged by the grantor, and must contain original signatures (47-19-03). If a warranty deed has not been acknowledged as required, it must be proved by a subscribing witness to entitle it to be recorded (47-10-05).
A North Dakota quitclaim deed transfers the signer's interest in property with no warranty of title. A quitclaim deed passes to the new owner all of the current owner's rights in the property as of the date of the deed.
38-18.1-02. Statement of claims - Recording - Reversion. The owner of the surface estate in the land in or under which the mineral interest is located on the date of abandonment may record a statement of succession in interest indicating that the owner has succeeded to ownership of the minerals under this chapter.
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.
Before a warranty deed can be recorded in North Dakota, it must be signed and acknowledged by the grantor, and must contain original signatures (47-19-03). If a warranty deed has not been acknowledged as required, it must be proved by a subscribing witness to entitle it to be recorded (47-10-05).
Contract for Deed. - After, a contract for deed has been signed by the parties, the vendor retains the legal title to the land until the vendee has fully performed the terms of the contract. However, the law regards the vendee, as the owner of the property for most purposes, since the vendee ordinarily gets the.
How do I transfer mineral rights in North Dakota? To convey or transfer ownership of mineral rights to a new owner, the current owner of the rights has to engage a title insurance company or an attorney at a district court to perform a search of the property title.