South Carolina Partition Deed for Mineral / Royalty Interests

State:
Multi-State
Control #:
US-OG-054
Format:
Word; 
Rich Text
Instant download

Description

If parties, owning undivided interests in lands, desire to partition those interests so that each party owns the entire interest in a particular tract of land, this may be accomplished by a partition deed. This form addresses that situation.
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FAQ

Surface rights are what you own on the surface of the property. These include the space, the buildings and the landscaping. Mineral rights, on the other hand, cover the specific resources beneath the surface. In areas designated for mining, it's common for surface rights and mineral rights to be separate.

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.

There are 6 types of mineral rights, including mineral interest (MI), royalty interest (RI), overriding royalty interest (ORRI), working Interest (WI), non-operated working interest, and net profits interest.

With a mineral deed, the holder usually has responsibility for development and production of the extraction on the property. That risk comes with the potential reward of the majority of the profit that comes from it. With a royalty deed, the holder does not usually bear the risk of the development and production.

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. Understanding the Mineral Deed - Landgate landgate.com ? news ? understanding-the-m... landgate.com ? news ? understanding-the-m...

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South Carolina Partition Deed for Mineral / Royalty Interests