Happy Friday Folks,
I'm searching for a blank mineral deed so I can transfer some propery that I own to a recently created LLC. Any thoughts on where I can find a general deed outside of contacting an attorney? Thank you!
-Ben
Ben,
My advice is don't try to prepare the deed on your own. In an effort to save a few dollars, you could cost yourself many, many more. I have seen it happen too many times. A deed properly prepared and knowing exactly what you own before you do so, requires a lot more than just filling in the blanks on form. Hire a lawyer and sleep better knowing your deed and your title are correct.
Good luck
Ed
Hello Ben,
What follows is a copy of the quit claim deed that an attorney used to transfer mineral rights from our "s corp." to my wife and I when we dissolved the "s corp." and retained the mineral rights.
QUIT CLAIM DEED
(Corporation to Joint Tenants)
Date: __________________, 20xx
FOR VALUABLE CONSIDERATION, (name of company), as (a name of state) corporation, Grantor, hereby conveys and quit claims to (name of individuals), Grantees, as joint tenants, real property in Burke County, North Dakota, described as follows:
All of the right, title and interest of Grantors in and to all of the oil, gas and other minerals lying in, under or that may be produced from the following described real estate and any of Grantor’s rights on ingress and egress over said real estate:
(legal description of land)
Subject to easements, restrictions and reservations, if any, of record
or apparent upon inspection of the premises.
Total consideration for the transfer of this property is $500.00 or less.
Together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: None.
By ___________________________
(name)
By ___________________________
(name)
The foregoing instrument was acknowledged before me this _____ day of __________, 20xx, by (name) and (name) Grantors.
_________________________
Notary Public
Hope this helps you. This instrument was drawn up by a Minnesota attorney for land in North Dakota and accepted by the state of North Dakota, the company that leased our rights and the company that did the drilling and sends us our revenue checks.
Ben,
I'd also caution you. North Dakota law and Montana law are quite different on conveying minerals. Montana law is broader. In MT your deed might state something to the effect that you're conveying "all mineral rights" to "all minerals of any nature under the properties herein described"... This would work. However, ND has a provision which states in essence that a mineral deed only conveys those minerals specifically mentioned in the deed. Therefore you'd need to specifically name each potential mineral being conveyed such as "coal, oil, gas, condensates, uranium," ... yada, yada, yada. In short I'd also recommend you hire proper help to prepare your deeds. If you wish to proceed on your own then look up the ND law online and read through it carefully before preparing and recording your deeds.
This is all very good info. We will certainly consult with an attorney before we file, we just wanted to take a stab at getting some of the tedious deed entry knocked out in order to save some time. The help so far is greatly appreciated! Thank you