Arkansas Warranty Deed for Surface and Mineral Interests is a legal document used to transfer ownership of both the surface and mineral rights of a property in the state of Arkansas from one party to another. This type of deed ensures that the granter (seller) guarantees that they hold clear title to the property, free from any encumbrances, and transfers it to the grantee (buyer) without any warranty against any future claims or defects. In Arkansas, there are two main types of warranty deeds for surface and mineral interests: 1. General Warranty Deed: This type of deed provides the highest level of protection for the buyer as it guarantees the title against any claims or defects that may have arisen before or during the granter's ownership. The granter guarantees to defend the title and compensate the grantee for any losses incurred due to defects in the title. 2. Special Warranty Deed: Unlike the general warranty deed, a special warranty deed only guarantees the title against claims or defects that may have arisen during the granter's ownership. It does not provide protection against any prior claims or defects, which means the grantee may be responsible for addressing any issues that may arise from previous ownership. It's important to note that while the surface rights refer to ownership and use of the land itself, mineral rights pertain to ownership of any subsurface minerals such as oil, gas, coal, and other valuable resources that may be present on the property. When transferring both these interests, it is crucial to consult with legal professionals to ensure all rights and obligations are accurately included in the warranty deed. By utilizing an Arkansas Warranty Deed for Surface and Mineral Interests, both parties can have peace of mind knowing that the transfer of ownership is legally binding and that the grantee is protected from any unforeseen claims or defects on the property. It is a crucial step in the real estate transaction process, facilitating the smooth transfer of both surface and mineral rights from the granter to the grantee.
Arkansas Warranty Deed for Surface and Mineral Interests
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