Does A Warranty Deed Transfer Minerals
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A mineral deed is a document that transfers mineral rights in a property, which may include the right to disturb the surface to access the minerals. Mineral rights deal with the privilege of gaining income from the sale of oil, gas, and other valuable resources found on or below land. Mineral rights can be sold or leased separately from the land ownership. There is a considerable difference of court opinion as to the character of the interest created by such conveyance. Under the ownership-in-place theory, a fee simple estate in whatever mineral is conveyed passes to the grantee, but in states rejecting that theory, no definite title of any kind passes, and the grantee gains only the right to acquire title by entering on the land and extracting the specified mineral.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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