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Yes unless there is some form of lien, easement, or contract that says otherwise.
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∙ 16y ago
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How long after sale of land can the original owner retain mineral rights to the property?
The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.The mineral rights need to be retained and reserved at the time of the sale. If you sell the land without reserving the mineral rights they are attached to the land and go with the land to the new owner.
Can you just sell your land and not your mineral rights in WV?
You can sell the land and reserve the mineral rights. The wording of the deed has to specify it.
How do you fin dout if you have mineral rights to your land?
Read the deed to the property. Unless mineral rights are excluded, you have them.
Does anyone own mineral rights in North Dakota?
Yes, someone owns mineral rights in North Dakota, usually people who either own the land right now or whose ancestors owned the land at one time, sold the land but kept the mineral rights.
Who has lumber rights in the land the property owner or the owner of the mineral rights?
The property owner.
Who owns the oil resources in the US?
Every acre of land has "mineral rights", that is, the ownership of any and all minerals under the surface of the land. Some own land that has the mineral rights, and in some cases the mineral rights have been sold off in earlier years. A lot of mineral rights are owned by oil companies and a lot are owned by individuals and a lot are owned by state governments and a lot by the federal government. Gathering up these "mineral rights" is the job of Petroleum Land Specialists, some of which work for oil companies and some of which are independent.
Can you buy mineral rights in Texas?
You can buy mineral rights anywhere in the U.S. (except in National Parks), just like you can buy the surface land.
What is the difference between warranty deed and mineral deed?
A mineral rights conveyance involves the minerals below the surface of the land, not the surface land itself.
Are Water rights part of mineral rights?
No. Water rights are in a different category than mineral rights. There are different types of water rights: surface and subsurface. Those rights are treated differently. A landowner has a more exclusive right to subsurface water. When purchasing land in some areas where the water and mineral rights have been separated from the land rights it is extremely important to have the title examined by a professional culminating in a detailed report of the status of all those rights.
Does fee simple include mineral rights?
Initially, land is conveyed from a government to private ownership by a land "grant" or a land "patent". The government may or may not include or exclude mineral rights in the land grant or land patent, or such rights may be governed by statutory law. A government may choose to lease or sell such mineral rights separate from the "land" or "real property". Subsequently, land or real property is conveyed from private ownership to private ownership by "Deed". A private owner could sell off the mineral rights to one party while selling off the land to another party. What is created is a "chain of title" (the land grant or patent, followed by a series of conveyance deeds). Generally, land conveyed "fee simple" also conveys the mineral rights from a Grantor to a Grantee, provided that the Grantor possessed such mineral rights to convey. To find out whether the Grantee has, and the Grantor had, such mineral rights requires tracing back the "chain of title" (usually with a County Clerk of Court or County Recorder of Deeds). One is looking for any deed restrictions or separation of mineral rights in such chain of title. Then one also needs to research whether Federal or State law (statutes) reserve mineral rights to the government through the land grant or land patent or any subsequent transfers. An important component of "mineral rights" is usually the "right of entry" to exploit such rights. While many mineral rights holdings lay "dormant", they often have a "superior" right to exploit the land as compared with a property owner. Which means that they can choose to excavate a huge hole or otherwise tear up your property to exploit what is underneath it. They "eventually" need to compensate you or to more or less put things back the way they were when they started - but they may have more rights to the land than you have to the property. It depends on the governing law (federal or state) and who granted what to whom and when.
Does one keep their mineral rights after selling their home?
An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.An owner can retain mineral rights in the land but that must be made clear when the property is marketed. You should discuss the situation with an attorney who can explain your options in your jurisdiction.
Should I lease my mineral rights?
No one can answer that question for you unless they know all your details, the extent of your real estate holdings, the area where the land lies, the economics of mineral rights in your area, etc. You need to consult with an expert in your area, possibly a law firm that specializes in representing owners of land in regards to real estate law and mineral rights.
