I am about to submit an official offer on a 5 acre parcel. None of the paperwork mentions anything about mineral rights.
Is transfer of mineral rights implied in Oklahoma? Can I assume that since the seller has not disclosed that I won’t get mineral rights, that I will own them if I close?
In Oklahoma, it is likely that the minerals were severed a long time ago during dust bowl times when people would sell the mineral rights to save the farm. Or they would get sold in a sheriff’s sale. Not always. You really do need to find out before you close. You can try tracing back using www.okcountyrecords.com. You can ask the seller’s agent if the mineral rights are included. You can get a landman to run a quick check. In real estate transactions, better to get hard facts instead of assumptions.
Thank you for the answer.
If the “Deed” does not mention minerals then the buyer will get whatever the seller owned. Review the Contract for Sale to make sure it is the same as the Deed.
Yes, an all right, title and interest Warranty deed would include the minerals. BUT, the odds of the current owner of the 5 surface acres still owning those minerals is not high if theres been any activity in the area over the last 50 years.
Unless the deed or offering information specifically addresses the transfer of a mineral interest, then the Seller has made no disclosure and should not assume there is are mineral rights as a part of the sale.