mineral rights

Mineral rights are separate from surface rights. By default, a property interest includes both. If they have been separated, then they have separate chains of title.

Check the deed language. It will usually say whether it includes mineral rights or not.

Hi brian avery,

Welcome to the forum.

jheard has rightly said that mineral rights and surface rights are different. I would like to add that sometime the grantor or the owner can reserve the mineral rights when transferring the property. So you should check it through in your deed

Feel free to ask if you have any further questions.

Best of luck,
Larry

how would you go about filing a mineral deed?

Hi tinamarie!

You will have to fill out a mineral deed form where you need to mention the name of the grantor and grantee. The deed needs to signed by the grantor. After this, you need to notarize it by the notary public and then record it at the county recorder's office.

Thanks

It is just like a regular deed, but only transfers the mineral interests.

Have you ever seen a mineral deed whereby one of the Grantors was also the sole Grantee? Could this question the validity of the mineral deed ?

Hi richard,

I haven't heard of any such deed. You can contact a real estate attorney and get his opinion in this matter.

Can someone file a claim for mineral rights on property he does not own?

Welcome Rhea,

I don't think the person can claim mineral rights if he or she does not own the property.

When my father died in 1960,my Mother sold our property,but she told me she kept the mineral rites,as he told her to. If my mother passes on how do we put the mineral rites into our names,or can we?As the heirs.

Hi Helen,

As the heirs you will have to file an affidavit of heirship at the county recorder's office in order to get the mineral rights. You can speak to an attorney in this regard and he will guide you further in this matter.

Take care.