What Type of Deed is Used to Transfer Mineral Rights?

Full question:

I want to transfer mineral rights which I inherited over to my aunt. This is in Jack County, Texas. It involves two properties which have been divided up into small pieces and given to many family memebers. Do I use a Quitclaim or an Oil, Gas, and Mineral deed?

Answer:

A mineral deed, warranty deed for mineral interests or quitclaim deed for mineral interests may be used to transfer mineral rights separate from the rest of the property. There are variations of deeds depending on whether there are royalties involved, etc. There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The only type of deed that creates "liability by reason of covenants of warranty" as to matters of record is a general warranty deed. A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property. The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record.

 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Inherited mineral rights can be handled by transferring them through a deed. You may use a mineral deed, warranty deed, or quitclaim deed to transfer these rights to another party. It's important to ensure that the deed accurately reflects the ownership and any existing claims. Consulting a legal professional can help clarify the best method for your situation.