Washington Notice of Claim of Mineral Interest for Dormant Mineral Interest

State:
Multi-State
Control #:
US-OG-108
Format:
Word; 
Rich Text
Instant download

Description

The information provided with the form identifies states that are known to have enacted dormant interest statutes. The form provided is a general form, which may not meet the statutory requirements of all states listed. This form may be supplemented or amended to meet a state's specific statutory requirements, if possible, to assert a claim of ownership to avoid the loss of an interest.
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FAQ

What Are Mineral Rights? Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

Washington has a ?dormant mineral? statute (RCW 78.22, et seq.) that allows the surface owner to attempt to terminate unused mineral rights after 20 years of nonuse.

However, since mineral rights are a severed portion of the land rights themselves (they're separated from the land's "surface rights" and sold separately by deed, just like the land itself), they are usually considered real property.

The ownership of rights to minerals, including oil and gas, contained in a tract of land. A mineral right is a real property interest and can be conveyed independently of the surface estate.

By statute and case law, mineral properties are taxable as real property and are subject to the same laws and appraisal methodology as all real property in the state.

Mineral rights are a form of real property, and they are governed by the same principles of marital property law as other real estate. If the mineral rights were owned before marriage, they are separate property.

Mineral rights can expire if the owner does not renew them or if they go unclaimed for a certain period of time. Mineral rights can also be sold, fractionalized, or transferred through gifting or inheritance.

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Washington Notice of Claim of Mineral Interest for Dormant Mineral Interest