A New Hampshire Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal is a legal document used to transfer ownership of both the surface and mineral rights of a property in the state of New Hampshire, while reserving the rights to any coal deposits present on the property. This type of warranty deed provides assurance to the buyer that the seller has the legal right to transfer both the surface and mineral rights and will defend the title against any future claims. The New Hampshire Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal can come in various forms, depending on the specific circumstances and agreements between the parties involved. Some common types include: 1. General Warranty Deed: This type of deed provides the highest level of protection for the buyer as it guarantees the title against any claims, even those arising from events that occurred before the seller acquired the property. 2. Limited Warranty Deed: With a limited warranty deed, the seller only guarantees the title against claims that may have arisen during their ownership of the property. Any prior claims are not covered by the seller's warranty. 3. Quitclaim Deed: A quitclaim deed is used when the seller wants to transfer their rights to the property without providing any warranties or guarantees as to the title. This type of deed is often used when the buyer and seller have an existing relationship or there is a high level of trust between the parties. In all types of New Hampshire Warranty Deeds for Surface and Mineral Interests, With Reservation of All Coal, the reservation of all coal rights is a key provision. This means that the seller retains ownership and control over any coal deposits present on the property, even after the transfer of surface and mineral rights. This reservation allows the seller to extract and utilize any coal resources while the buyer enjoys ownership of the surface and other minerals. When drafting or reviewing a New Hampshire Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal, it is advisable to consult with a real estate attorney to ensure all legal requirements and considerations are addressed. This will help avoid any potential issues or disputes related to the transfer of surface and mineral rights, as well as the reservation of coal rights.
New Hampshire Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal
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FAQ
In New Hampshire, real property can be transferred from one party to another by executing a special warranty deed. Special warranty deeds transfer fee simple title with limited covenants.
A warranty deed conveys title to property with a warranty that the seller has the right to sell the property and that the title to the property is free from all encumbrances or other interests, except as may be stated in the deed.
If you would like a copy of your deed, you can obtain it yourself for nominal cost and time, or contact your county's Register of Deeds, who would be glad to assist you. ? website at .doj.nh.gov/consumer.
Once a document is recorded, it cannot be altered. To change or add a name to a deed, we suggest you consult a lawyer who may prepare and record a new document which would change or add the name.
What are Outstanding and Reserved mineral rights? Outstanding mineral rights are owned by a party other than the surface owner at the time the surface was conveyed to the United States. Reserved mineral rights are those rights held by the surface owner at the time the surface was conveyed to the United States.
Fiduciary deeds are just one of several types of deeds used in property transfers. This type is used to transfer property such as real estate when the owner can't sign a deed for legal or other reasons. Fiduciary deeds are commonly employed when settling estates and the original owner of the property is deceased.
Mineral rights deeds are not the same as royalty deeds. Royalty deeds do not allow for surface access, or for the initiation of the extraction and sale of minerals. A royalty owner will only benefit economically if the mineral owner decides to produce and sell the minerals.
Sign the deed in the presence of a notary public or other authorized official. For a valid transfer, record the deed at the recording office in the county where the property is located. Contact the same office to confirm accepted forms of payment.