Harris Texas Partition Deed for Mineral / Royalty Interests

State:
Multi-State
County:
Harris
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

In California, the ability to control ownership of and access to mineral resources is separated from ownership of real estate, such as land. Each can be sold independently of the other. In general, there are few downsides to retaining mineral rights when you sell real estate.

Mineral Deed vs. A mineral deed is less restrictive and grants more rights over the mineral interest than a royalty deed. The second distinction between these types of deed has to do with the size of the financial stake. The mineral deed holder receives a higher reward but at the cost of higher risk.

Any income you earn from the sale or lease of your land's mineral rights is taxable. Income, severance and ad valorem taxes are some of the taxes you might need to pay.

If you did happen to find a large gold deposit on your property and do not own the mineral rights, don't fear. You do still own the property at least from the ground up. The mineral rights owner cannot simply come and remove you and dig up your property.

A royalty interest is a mineral owner's share of production as reserved in an oil and gas lease, usually 1/8 of the total oil and gas production.

In California, the law allows the owner of real property to recover lost mineral rights provided that the mineral right is dormant for at least 20 years.

A mineral deed with special warranty in Texas conveys all or part of the oil, gas, and other minerals of a grantor in real property to a grantee, subject to certain warranties covering the grantor's period of ownership.

A mineral interest owner also possesses the right to receive lease bonuses, delay rental payments, shut-in payments and royalties. A royalty interest, on the other hand, is the property interest created that entitles the owner to receive a share of the production.

Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

In California, mineral rights can be owned independently from the property. If an individual owns the mineral rights to a piece of land, he has a legal right to the minerals beneath the surface. The right's owner can access the minerals using any reasonable perimeters.

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Harris Texas Partition Deed for Mineral / Royalty Interests