Grantor(s) convey, with limited warranty, unto the grantee all of grantor(s) mineral interest, including but not limited to oil, gas, carbon dioxide, and all other minerals in, on and under certain property described in the document.
New York Oil, Gas and Mineral Deed - Individual or Two Individuals to an Individual
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Multi-State
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US-00576
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FAQ
Also known as a mineral estate, mineral rights are just what their name implies: The right of the owner to utilize minerals found below the surface of property. Besides minerals, these rights can apply to oil and gas. Interestingly, mineral rights can be separate from actual land ownership.
Transfer by deed: You can sell your mineral rights to another person or company by deed. Transfer by will: You can specify who you want to inherit your mineral rights in your will. Transfer by lease: You can lease mineral rights to a third party through a lease agreement.
Transfer By Will If no specific beneficiaries to the mineral rights are designated, ownership passes to the property and real estate heir. It is also possible and often easier to create a family holding company and assign mineral rights to this company, creating a limited liability company (LLC) or partnership.
Because mineral rights can be separate from surface level ownership, it's important to know what the rights are when purchasing real estate. The owner of the mineral rights can exploit the minerals or sell the authority to do so without having ownership interest in the property.
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. If a percentage is granted with this legal document, then the holder of that grant owns that percentage.
To determine if you own the mineral rights on a parcel, you will first need to check the deed. The mineral rights may have been severed from the surface at some point in time. If your deed does not list this information, you will need to contact the County Clerk in the county where your minerals are located.
Mineral rights may also be subject to transfers by way of a will. In the event of death, the right to the minerals passes to the person(s) named as beneficiaries. In the absence of specific heirs, the mineral rights pass to the beneficiary of the residual surface estate and real estate.
An attorney can create a deed or assignment that conveys the mineral rights to the new owners. The original deed will need to be recorded in the county where the minerals are located. If there are producing wells on the property, each operator will need to be notified of the change in ownership.