Vermont Stipulation of Ownership of Mineral Interest of Mineral Ownership in Specific Lands

State:
Multi-State
Control #:
US-OG-623
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the parties each own undivided interests in the mineral estate in the following lands, and a question has arisen among the parties as to each of their undivided interest in the mineral estate in the Lands. In this form, the parties declare, stipulate, acknowledge, and establish of record each of their ownership interest in the mineral estate in the lands.

How to fill out Stipulation Of Ownership Of Mineral Interest Of Mineral Ownership In Specific Lands?

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FAQ

Under the traditional common-law rules of severed estates, the mineral estate is considered ?dominant? to the surface estate. The rationale for the mineral estate being dominant was that the ownership of minerals would be meaningless if the mineral owner could not access and extract those resources through the surface.

The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.

Even though the mineral owner may own no part of the surface, courts have ruled that the Mineral Estate is the Dominant Estate. The only way for the mineral rights owner to benefit from mineral ownership is by having the ability to get a well drilled from a surface location down into the hydrocarbon-bearing formation.

To locate your mineral rights records, begin at the county recorder's office. The legal description of the property should be in county deed books. You can specifically search the book and page where the property is located if you have a take-off.

Act 250 is Vermont's land use and development law, established in 1970. The law provides a public, quasi-judicial process for reviewing and managing the environmental, social and fiscal consequences of major subdivisions and development in Vermont through the issuance of land use permits.

In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.

The surface estate includes everything above ground, such as the land itself, trees, and buildings. On the other hand, the mineral estate refers to the rights to any resources that may be found below ground, such as oil, gas, and minerals.

The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.

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Vermont Stipulation of Ownership of Mineral Interest of Mineral Ownership in Specific Lands