Fulton Georgia Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal

State:
Multi-State
County:
Fulton
Control #:
US-OG-319
Format:
Word; 
Rich Text
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Description

This form is used by the grantor to convey, sell and assign to the grantee, all of the surface estate including the oil, gas, and mineral interest located in and under the lands.
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FAQ

Mineral rights are ownership claims against the natural resources located beneath a plot of land. In the United States, mineral rights are separate from surface rights. 1feff Mineral rights are often "severed" from surface rights in states such as Texas, Oklahoma, Pennsylvania, Louisiana, Colorado, and New Mexico.

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.

A mineral owner's rights typically include the right to use the surface of the land to access and mine the minerals owned. This might mean the mineral owner has the right to drill an oil or natural gas well, or excavate a mine on your property.

Mineral rights don't come into effect until you begin to dig below the surface of the property. But the bottom line is: if you do not have the mineral rights to a parcel of land, then you do not have the legal ability to explore, extract, or sell the naturally occurring deposits below.

What are Outstanding and Reserved mineral rights? Outstanding mineral rights are owned by a party other than the surface owner at the time the surface was conveyed to the United States. Reserved mineral rights are those rights held by the surface owner at the time the surface was conveyed to the United States.

As a general rule of thumb, the value for non-producing mineral rights will nearly always be less than $1,000/acre. In most cases, the mineral rights value in Texas for non-producing minerals will be $0 to $250, but producing minerals $25,000+ per acre is not unusual.

Texas and some other oil-, gas- and coal-producing states have long allowed property owners to separate surface rights from rights to what lies underground (such as oil, gas, or minerals, known in the industry shorthand as OGM).

The Duhig rule essentially states that, if both a grant and a reservation in a warranty deed cannot be given effect, then the reservation fails.

This Addendum is used when the Seller reserves all or a portion of the Mineral Estate.

In Texas, Oklahoma, Colorado and Montana, mineral owners can own the mineral rights indefinitely and there is no way for them to passively revert to the surface owner. If a surface owner wants to own the mineral rights under their land, they must find and contact the mineral owners and offer to purchase them.

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Fulton Georgia Warranty Deed for Surface and Mineral Interests, With Reservation of All Coal