Virginia 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
In Virginia, owners can separate mineral rights from other property rights. Since future deeds may not specify that mineral rights aren't included, title searches are important.
A Virginia warranty deed is only valid if it meets the requirements of Virginia law. These requirements include a valid legal description, statement of consideration, and a description of the manner in which co-owners will hold title, font size and page format requirements, and signature and notarization requirements.
Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.
A Virginia special warranty deed allows the transfer of property ownership with the guarantee that it is free of liens and encumbrances during the grantor's period only. Any claims made before the grantor's ownership period are the responsibility of the grantee (if any exist).
Generally minerals are held in private ownership, and information on mineral rights, where available, is held by the Land Registry together with details of land surface ownership.
A warranty of title is a guarantee by a seller to a buyer that the seller has the right to transfer ownership and no one else has rights to the property. In addition, a warranty of title may be used to guarantee that no other party has copyright, patent or trademark rights in the property being transferred.
A Virginia warranty deed form gives the property to the grantee with the ?English covenants of title.? Those covenants include: The grantor has free and clear title and ownership to the property. Va.
The special warranty deed does not offer as much protection to the buyer as the general warranty deed. The grantor in a special warranty deed warrants or guarantees the title against defects arising after the grantor acquired the property and not against defects arising before that time.