What is a mineral reservation?

A mineral reservation is a severed “subsurface” parcel in separate ownership from the rest of the land. Prior owners could have sold minerals to a third party or leased it for the purpose of extracting something and collecting rent and royalties.

What is mineral deed?

A mineral deed form is a legal document, regarding the ownership of the minerals below the surface of the earth. They receive a percentage of the income generated from the sale of those minerals, in peroration to their ownership. If a lease expires the ownership remains with mineral owner.

How do you find out if there are minerals on your land?

Common ways to research mineral rights include: Reviewing County Records and Tax Assessor’s Documents – By performing a title deed search at the county records office, you can see the ownership history of any particular property over time.

What is Habendum clause in real estate?

In real estate contracts, the habendum clause refers to the transfer of ownership of a property and any accompanying restrictions. Because the clause begins with the phrase, “To have and to hold,” the habendum clause is sometimes called the “to have and to hold clause.”

Is there a warranty on a mineral deed?

Mineral deeds can contain a warranty as to title or can take the form of a quitclaim deed, where title is not warranted. What Is A Royalty Deed?

Can a mineral deed be used to convey rights?

If the owner of the mineral rights ever wants to convey those rights to someone else, he or she needs to do so through legal documentation. This legal document conveys the actual rights to the minerals while still remaining separate from the surface rights. A mineral deed can convey either 100 percent of the rights, or a percentage of those rights.

Can a mineral deed be a quitclaim deed?

If a percentage is granted with this legal document, then the holder of that grant owns that percentage. Mineral deeds can contain a warranty as to title or can take the form of a quitclaim deed, where title is not warranted. What Is A Royalty Deed?

What are the different types of non warranty deeds?

There are several types of non-warranty deeds. A deed is a legal document that conveys ownership rights to real estate. In the United States, they’re public documents and are filed with a local office, usually run by your city, town or county.

When do you need a warranty deed for a property?

A Warranty Deed is a real estate document used when a property owner (grantor) transfers land to a buyer (grantee), and wishes to make a guarantee that the property is free and clear of any encumbrances, like a lien or mortgage.

How are mineral rights included in a grant deed?

Together with all the tenements, hereditament, and appurtenances thereto belonging and the reversions, remainders, rents, and profits, if any, thereof. Reserving and excepting therefrom, however, [%] percent of the mineral rights in the property for the Grantor and Grantor’s heirs, executors, and assigns.

How does an encumbrance in a warranty deed work?

An encumbrance does not prevent the title of the property from being transferred, but the grantee must be aware that an encumbrance will continue to exist even after the title is transferred to them. In a Warranty Deed, the grantor is guaranteeing that the title is free of encumbrances to the grantee (except for any listed in the document).

Who is responsible for claims on a general warranty deed?

Under a general Warranty Deed, as a grantor, you are responsible for any claims that arise against the title to the land, regardless of whether they happen while you hold the title to the property or after you have transferred your interest.