New Mexico Warranty Deed for Surface and Mineral Interests
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How to fill out Warranty Deed For Surface And Mineral Interests?
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FAQ
The General Mineral Deed in New Mexico Quitclaims oil, gas, and mineral rights from the grantor to the grantee. THIS IS NOT A LEASE. There are no Exceptions or Reservations included. The transfer includes the oil, gas and other minerals of every kind and nature.
A mineral deed form is a legal document, regarding the ownership of the minerals below the surface of the earth. It is important to understand that surface rights and mineral rights, on the same piece of land, can be owned by different parties.
A quick overview of the differences between mineral rights and royalty interests shows a mineral interest is a real property interest obtained by severing the minerals from the surface and a royalty interest grants an owner a portion of the production revenue generated.
A mineral deed is just like a warranty deed, accept it only transfers the minerals in the sub surface of a property. A warranty deed can be used transfer both the surface, and mineral rights. But a mineral deed can only be used to transfer the minerals.
General Warranty Deed It offers the highest level of protection to the buyer because it guarantees that there are absolutely no problems with the home ? even dating back to prior property owners. This quality of coverage is why most lenders will require you to get a general warranty deed when buying your house.
A warranty deed or quit claim deed TRANSFERS TITLE or OWNERSHIP of real property. When you purchase property, you usually receive a warranty deed from the seller to you to show that you now own the property.
A New Mexico warranty deed must contain language that identifies the document as a warranty deed that transfers property with a complete warranty. New Mexico law assumes that a deed is a warranty deed if it uses the model warranty deed form and says that the grantor ?grants? the property ?with warranty covenants.?
The general rule is that when full effect cannot be given to both the granted interest and to a reserved interest, the courts will give priority to the granted interest, rather than to the reserved interest, until the granted interest if fully satisfied.