Queens New York Warranty Deed Conveying Oil, Gas, and Minerals - Mineral Rights Transfer

Name: Queens New York Warranty Deed Conveying Oil, Gas, and Minerals - Mineral Rights Transfer
Brand: US Legal Forms
Rating: 4.62 (287 reviews)

Category:

Real Estate - Deeds - Warranty

State:

Multi-State

County:

Queens

Control #:

US-02060BG

Format:

Instant download

Description

A mineral deed is a document that transfers mineral rights in a property, which may include the right to disturb the surface to access the minerals. Mineral rights deal with the privilege of gaining income from the sale of oil, gas, and other valuable resources found on or below land. Mineral rights can be sold or leased separately from the land ownership. There is a considerable difference of court opinion as to the character of the interest created by such conveyance. Under the ownership-in-place theory, a fee simple estate in whatever mineral is conveyed passes to the grantee, but in states rejecting that theory, no definite title of any kind passes, and the grantee gains only the right to acquire title by entering on the land and extracting the specified mineral.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Transfer by deed. 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.

Mineral rights deeds are not the same as royalty deeds. Royalty deeds do not allow for surface access, or for the initiation of the extraction and sale of minerals. A royalty owner will only benefit economically if the mineral owner decides to produce and sell the minerals.

A mineral interest owner also possesses the right to receive lease bonuses, delay rental payments, shut-in payments and royalties. A royalty interest, on the other hand, is the property interest created that entitles the owner to receive a share of the production.

Someone who has the mineral interest in a property has the full executive rights to the minerals found on, in, or beneath the land. They can explore the minerals, develop them and arrange for mineral production. They can receive royalties, rental payments, and lease bonuses for the minerals found on the property.

A royalty interest carved or reserved from the mineral estate is an interest in land, but has no right of use and possession and no right to explore for or produce the mineral estate. Its sole right is to receive royalties once production is established, no more.

Mineral rights are conveyed meaning transferred to a new owner through a deed. At the time of the initial conveyance, the property deed will include the separation of the surface and mineral rights. Subsequent land deeds will not reference the mineral rights transfer.

What Is A Royalty Deed? A royalty deed gives its holder the right to receive a percentage of the profits from the sale of the minerals, if and when they are actually produced. This kind of legal document does not convey all of the mineral rights to the holder, only the right to receive royalties.

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).

Mineral rights give the owner the right to drill for and sell any oil, water, or precious minerals that can be found underground. Some property owners opt to separate their interest in the land's mineral rights from the surface rights, and can pass down that interest to their heirs.

Remember, the property and the mineral rights are two separate entities. You may have inherited the mineral rights, but you need to know who owns the property if you want to drill. The opposite scenario is to check who owns the mineral rights on the property you inherited.

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On title in the context of oil and gas property development. Mineral Deed: A conveyance of an interest in the minerals in or under the land.

Queens New York Warranty Deed Conveying Oil, Gas, and Minerals - Mineral Rights Transfer

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FAQ

How do I transfer oil and gas royalties?

What is the difference between a royalty deed and a mineral deed?

What is the difference between mineral rights and royalty rights?

What are mineral rights and royalties?

What is the difference between royalty and mineral interest?

What does mineral rights to convey mean?

What is a royalty deed?

How do you handle inherited mineral rights?

What does it mean to inherit mineral rights?

Are mineral rights inherited?

Interesting Questions

What is a warranty deed?

What does a Queens Warranty Deed convey?

What are mineral rights?

Why would someone want to transfer mineral rights?

Can someone own a property but not the mineral rights?

What happens if mineral rights are not explicitly mentioned in the deed?

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