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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.
What else can I help you with?
What happens to life estate in the mineral rights at that person's death?
The life estate expires when the life estate owner does and the mineral rights revert to the property owners in fee.
What is fee simple-surface Estate Only?
A fee simple-surface estate only is a type of property ownership where the owner holds the rights to the surface land but not the subsurface rights, such as minerals or oil. This arrangement allows the landowner to use and develop the surface while the subsurface rights can be owned or leased separately by another party. It is commonly used in real estate transactions where mineral rights are separated from surface rights. This type of ownership can impact land use and value significantly.
Does life estate automatically bequeath mineral rights to real estate?
No. A life estate includes the right the use and possession of the property for life. Only the fee owner can sell the property or rights therein.
What is the difference between fee and fee simple?
Both fee and fee simple mean that you are the absolute owner of real property. You can sell the land or leave it to your heirs.
A estate restricts ownership of real property to a particular family bloodline?
A. fee simple B. fee tail C. determinable fee D. fee simple absolute ANSWER: B Fee Tail
Type of ownership of real property that grants owners the fullest bundle of legal rights one can hold in real property?
Fee simple absolute.
What is the difference between fee simple determinable and fee simple subject to condition subsequent?
Fee simple determinable and fee simple subject to condition subsequent are both types of ownership in real property that come with conditions. The main difference between the two is in how the ownership can be terminated. In fee simple determinable, the ownership automatically ends if a specific condition is violated, while in fee simple subject to condition subsequent, the owner has the right to reclaim the property if the condition is violated.
What is fee simple in state of Oregon?
Fee simple is the absolute ownership of land. The person who owns the land in fee simple can sell it during their life or leave it to their heirs when they die either by will or by intestate succession.
How does a person acquire a fee simple ownership of real property?
Fee simple absolute is the way we describe the complete and total ownership of real property. The owner in fee simple absolute has the right to full possession and control of the land (unless the land is subject to a life estate). The property will pass to the owner's heirs upon death or the owner can convey the property during their lifetime. Generally the conveyance of real estate by a deed conveys fee simple absolute in those jurisdictions that allow the private ownership of land. Generally, when we speak of "fee simple" we are referring to fee simple absolute. The owner of the fee simple can grant a life estate to another. A person acquires a fee simple ownership of land by deed from the present fee simple owner of the land.
If property is left to a beneficiary in fee simple can the executor sell it?
If property is left to a beneficiary in fee simple, the executor generally cannot sell it without the beneficiary's consent. A fee simple interest means the beneficiary has full ownership rights, including the right to occupy or sell the property. The executor's role is to manage the estate and distribute assets according to the will, but they do not have the authority to sell property that has already been transferred in fee simple to a beneficiary. However, if the will allows for it or if the estate needs to settle debts, the executor may seek court approval to sell the property.
What is the highest form of ownership for a piece of property?
Fee simple.Fee simple.Fee simple.Fee simple.
What is a fee simple deed without jtwrs?
mother and daughter has property simple fee no jtwrs mother dies can property be sold
