Some states, though, do offer additional rights to surface owners. Transferring Deeded Oil, Gas or Mineral Rights Into Your Trust The process is easiest if you own the actual real estate that holds the oil, gas or mineral deposits. Other transfers can be limited to specific mineral rights or reservations. An absolute transfer means that complete rights are transferred to the buyer, so they can do what they wish with the property. Mineral rights are property rights to exploit an area for the minerals it harbors. California Mineral Rights date back to the early days of oil and gas exploration. As such, mineral rights are valuable real property. Whatever type of rights are purchased, you must perform a thorough title search to gain complete knowledge of the land use and determine if mineral rights transfer with the property.

If the mineral rights were not transferred to the new owner, you will need to continue researching the property records in order to determine if the mineral rights are now held by the former owner. The specific language in a property’s prior conveyances, known as the chain of title, dictates whether the rights to the minerals are included in the purchase. Mineral rights are property rights to exploit an area for the minerals it harbors. At one point in America’s history, California led the United States in oil production. When purchasing land, it’s important to know which rights come with the property. The mineral deed actually transfers the rights and can transfer either absolute interest in minerals or an interest in royalties payable under existing or future leases. A title deed is used to transfer mineral rights; the warranty guarantees that the person transferring the rights, the grantor, has clear title. As mentioned, rights deeds may not be registered in the same land registry office as the principal property. In 2008, mineral rights in …
For instance, Utah’s Surface Owner Protection Act of 2012 requires mineral companies to pay a bond to plug wells and repair pollution from wells.

California is known for its large oil fields like the Midway-Sunset field and the Kern River field. The rights to minerals on land may be complicated when applied to inheritance or legal struggles.
As clearly disclaimed in the Colorado Contract to Buy and Sell Real Property, buying a property does not guarantee ownership of the minerals found below the surface. The legal document providing information regarding mineral rights is the title or deed for the property. Mineral rights can be separate from property ownership (see Split estate).Mineral rights can refer to sedentary minerals that do not move below the Earth's surface or fluid minerals such as oil or natural gas.

What you can’t do is transfer mineral rights that you don’t own, or force someone else to give up their mineral rights. If the transfer is absolute, you are transferring the right to extract minerals and develop the surface property for that purpose. § 706.057(2), “use” is defined as (a) mining the minerals, (b) recording a mineral conveyance (sale, lease, or other transfer) or mortgage, (c) paying property taxes on the minerals, or (d) recording a statement of ownership. From the land records you can construct a “chain of title.” A chain of title is simply a sequential record of documents showing how the mineral rights have changed hands through the years. Mineral Rights on Property. Both are usually located in or near the county courthouse, and are where you will find all the filed land records having to do with your property. Mineral Interest is the interest generated from oil and gas production after either a sale by mineral deed or an oil and gas lease . Arkansas mineral rights are sold or kept for use by the previous owner when land changes ownership. The lease will spell out when they do.

If there is a transfer of ownership, there could be several ways to transfer the rights. Mineral rights grant the holder the right to develop mineral resources, oil and gas, often at a profit.