A Nebraska Warranty Deed for Surface and Mineral Interests is a legal document used in the state of Nebraska to transfer ownership of both surface and mineral rights from the granter (seller) to the grantee (buyer). This deed provides a guarantee, also known as warranty, from the granter that they have the legal authority to transfer the interests and that they are free of any encumbrances. The Nebraska Warranty Deed for Surface and Mineral Interests includes essential information, such as the names and addresses of the granter and grantee, a clear legal description of the property, and the specified consideration for the transfer. It also mentions the warranty portion, assuring the grantee that the granter holds clear title to the property and there are no undisclosed claims or liens. It is important to note that different types of Nebraska Warranty Deeds for Surface and Mineral Interests may exist, depending on the specific circumstances of the transfer. For instance, a General Warranty Deed is commonly used to transfer both surface and mineral rights. This type of deed guarantees that the granter has valid ownership and will defend against any claims arising from prior owners. A Special Warranty Deed, on the other hand, provides a warranty only against claims occurring during the granter's ownership tenure. Another variation of the Nebraska Warranty Deed is the Quitclaim Deed, which may be used for surface and mineral rights transfers as well. However, this deed does not offer any warranties or guarantee clear title. It simply conveys the granter's interest, if any, to the grantee. In all types of Nebraska Warranty Deeds for Surface and Mineral Interests, it is crucial to conduct thorough title searches and inspections to ascertain the property's ownership and any potential encumbrances. These deeds play a vital role in the transfer of ownership, providing legal protection to both parties involved in the transaction. In summary, a Nebraska Warranty Deed for Surface and Mineral Interests is a legal document used for the transfer of ownership of both surface and mineral rights in Nebraska. It ensures that the transfer is made with a warranty, guaranteeing clear title and freedom from undisclosed claims. Different types of Warranty Deeds, namely General Warranty Deeds, Special Warranty Deeds, and Quitclaim Deeds, exist to suit various circumstances and levels of warranty protection.
Nebraska Warranty Deed for Surface and Mineral Interests
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FAQ
Stat. §§ 76-3401-76-3423 (the ?Act?). The Act allows an individual to transfer property located in Nebraska to one or more beneficiaries effective at the transferor's death through the use of a special deed referred to as a ?Transfer on Death Deed.?
A defining feature of a Nebraska quitclaim deed is that it transfers real estate with no warranty of title. It transfers whatever interest the current owner holds in the real estate on the date of the deed. At the same time, the current owner does not promise that these rights are valid or free of defects.
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.
Warranty Deed: A warranty deed is the legal instrument that transfers title (ownership) or an interest in real property to another person. Survivorship Warranty Deed: A survivorship warranty deed is the legal instrument that creates a joint tenancy between two or more grantees.
The three most common Nebraska deed forms for transferring real estate ownership from its current owner (the grantor) to a new owner (the grantee) are warranty deeds, special warranty deeds, and quitclaim deeds.
Currently, most of the producing mineral rights in Nebraska originate from the production of crude oil. There is very little production of natural gas in Nebraska.
A special warranty deed is a deed to real estate where the seller of the property?known as the grantor?warrants only against anything that occurred during their physical ownership.