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Mineral Interests

  OK property...
Do the mineral interests automatically transfer with the deed if it doesn't specify on the deed? How about on a quit-claim deed?
 
 

Mineral interests are part of the real estate, which extends to the center of the earth and upwards to infinity.  They would transfer with the rest of the real estate unless specifically exempted in the wording of the deed.  BUT -- a quit-claim deed transfers ownership only of whatever the signer owned in the first place.  If the mineral or other sub-surface rights were already owned by someone else, the person signing a quit-claim deed wouldn't have to mention that, because the signer of a quit-claim deed is simply saying "I hereby give you whatever I own."  The prudent buyer would have investigated the title in that county's public records to make sure just what he or she was receiving, before parting with the purchase money.

    Edith
Originally published on June 1, 2008
 
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