You can retain your mineral rights simply by putting an exception in your sales contract, provided that the buyer agrees to it, of course. If you sell your house with no such legal clarification, then those mineral rights automatically transfer to the buyer.
What does it mean to sell mineral rights?
If you do intend to develop or utilize the real property for yourself, selling the mineral rights gives that new owner, or anyone they sell it to, the legal right to access and extract on your property at any time. This can mean drill holes, excavation, open pits, wells, machinery and equipment, pipelines, and more.
Can you sell your land and keep your mineral rights?
Well, the answer is yes. You can sell your land and keep your mineral rights. In order to do so, you must add an exception in the contract of the sale of your land. You will be entering into a split estate contact with the new party, who will now be the owner of the surface rights.
How are mineral rights transferred from one person to another?
An owner can separate the mineral rights from his or her land by: Conveying (selling or otherwise transferring) the land but retaining the mineral rights. Conveying the mineral rights and retaining the land. Conveying the land to one person and the mineral rights to another.
How are mineral rights included in a conveyance?
Mineral rights are automatically included as a part of the land in a property conveyance, unless and until the ownership gets separated at some point by an owner/seller. An owner can separate the mineral rights from his or her land by:
How to remove mineral rights from a deed?
Write a separate agreement between you and the purchaser stating that you are retaining the mineral rights. Include a description of the property in the agreement. Tell the attorney who is writing the new deed to exclude the mineral rights to the property.
