Notice of Claimed Ownership of Mineral Interest, by Limitations

State:
Multi-State
Control #:
US-OG-362
Format:
Word; 
Rich Text
Instant download

Description

This form is used by Claimant as notice of ownership and claim of title to additional interest of the mineral estate in lands, by having engaged in, conducted, and exercised the acts of ownership, which entitle Claimant to ownership of the additional mineral interest by limitations, under the laws of the state in which the Lands are located.

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FAQ

Call the county where the minerals are located and ask how to transfer mineral ownership after death. They will probably advise you to submit a copy of the death certificate, probate documents (if any), and a copy of the will (or affidavit of heirship if there is no will).

A deed that names the seller/donor and the purchaser/donee. It states and describes the rights being sold or given. Filing of the notarized conveyance in the county government office which is generally the county clerk's office.

Surface rights mean that you own the top of the land. Essentially, you'll own the grass, trees and any structures that are part of the land itself. All of the rights to these essential parts of the land will be owned once the title of the land has been transferred to your name.

If you want to sell the mineral rights to another person, you can transfer them by deed. You will need to create a mineral deed and have it recorded. You should check with the county Recorder of Deeds in the county where the land is located and ask if a printed mineral deed form is available to use.

A: Mineral rights are the legal rights to the minerals in a property. Whoever owns a property's mineral rights has full legal rights to mine for and profit from those minerals.

An owner can separate the mineral rights from his or her land by: Conveying (selling or otherwise transferring) the land but retaining the mineral rights. (This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller.)

As a mineral rights value rule of thumb, the 3X cash flow method is often used. To calculate mineral rights value, multiply the 12-month trailing cash flow by 3. For a property with royalty rights, a 5X multiple provides a more accurate valuation (stout.com).

After a divorce, mineral rights can be transferred by submitting the divorce decree and conveyances to the county (where the minerals are located) for recording. They usually go to the same agency that records titles and property deeds. The county will return the recorded original documents to the new owner.

Even if mineral rights have been previously sold on your property, they could be expired. There is no one answer to how long mineral rights may last. Each mineral rights agreement will have different terms.

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Notice of Claimed Ownership of Mineral Interest, by Limitations