Can undivided mineral rights be separated on a deed? If four owners are listed on a deed can we get a new separate deed for each person so we can all do what we want separately?
you can do what you want separately now without preparing new deeds. You are not joined together.
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I don’t think thats the way it works. You all own an undivided interest in for example 40 acres of land. You already are able to do as you please individually with your own mineral interest, you just don’t each own 4 separate 10 acre tracts within the 40
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The answer is dependent on the wording on the deed. Are the Grantees listed as joint tenants, as tenants in common or some other designation?
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Typically, undivided mineral interests are already yours to manage as you see fit, especially if the deed transfers the property to each of you four individually. However, if the deed lists you as joint tenants or tenants in common, you share rights to the same undivided interest. In this case, you would need a new deed to further divide the interests.
If the ownership is held by a trust or partnership, the governing documents of that entity will dictate how the interests can be managed and transferred. If that’s the case, it’s important to review those documents to understand any specific rules or restrictions.
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That doesn’t have anything to do with that question.
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Todd and Chandlerwall did bring up a good point with the question. If the owners are joint tenants, they will have to sever the joint tenancy by a deed.
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No, not tenants in common. “Grantees” the rights came from a trust. Thanks
Hi Todd, I own a share in 10 undivided acres through inheritance. Where can I find a copy of the original deed? How does one divide the property?
As I understand it. Multiple people/entities can own a % of the same 10 acre tract. If that is the case, it is divided by percentage of the whole 10 acres. So someone or some group may own an undivided 45% and that may be broken down by more percentages of that 45%. Another person/or group may own say 32% and that may be broken down in whatever percentage based on the number of persons or groups for that 32%. All of this pertaining to the same 10 acre tract until 100% of the total of users/persons/groups own all of the 100%. So in a case of 4 individuals owning an undivided/equal shares of a 10 acre tract. They each have 25% of what ever the percentage is that applies only to them under what ever percentage of who they are part of for lack of better terminology. Example. In one section, myself and siblings each own 25% of an undivided 228 acres, of which we participate with others of a group that owns 26% of that same 228 acres. Where, we as undivided owners actually own only 6% as our whole percentage then broken into 25% each of that, of the 26% of the 100% of the 228 acres. With that we are Grantees. Now whether there are co-tenants or whatever I have no idea? My deed shows me as a grantee with 25% of 6% of 26% of 100% of the 228 acres tract. It says it in a different way, but the gist of it is just that. I hope that makes sense? Just the way I have been told about minerals and how it applies to me and my siblings. MK
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The “deed” should be of record in the county clerk’s or recorder’s office for the county/state where the minerals are located. The term “undivided” can be misleading to the novice. It refers to not being able to specifically identify one interest from the another. First, you must know the size of the whole tract to determine your interest in that tract. An example would be you own a 1/10th undivided interest in a 100 acre, or 10.00 undivided mineral acres. You can go anywhere in that 100 acre tract and you own 1/10th. You can’t divide the 100 acres into 10 equal parts for you to identify “your” 10 acres, unless you have everyone that owns in the 100 acre tract, sign the deeds to subdivide the 100 acre tract. That is often called a partition deed. If you have access to the document that shows you the legal description of your “inheritance”, and if you want to provide the legal description to the forum, someone on here may be able to give you more information. Hope this helps at least a little bit.
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765 ILCS 520/1) (from Ch. 96 1/2, par. 4901) Sec. 1. When the right to drill for and remove oil and gas from any lands in this State is owned by joint tenants, or tenants in common, whether such right or title is derived by purchase, legacy or descent, or whether any or all of the claimants are minors or adults, any one or more of the persons owning a 1/2 interest or more in the right to drill for and remove the oil and gas from such lands may be authorized to drill for and remove oil and gas from such lands in the manner hereinafter provided.
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Thank you, Todd! Can you recommend a good Grady County lawyer with whom I can discuss dividing? I completely understand all of the above, I want to safeguard the right to pass my inheritance to my children and grandchildren by keeping it. I own .417 of 10 acres of surface, mineral rights to 30-03N-06W and know my grandaddy would want me to fight for it, for his great great grandchildren! I have learned so much from you all over the last years and I appreciate the knowledge. 
#Owensby
Can you tell me more ?
Can the property be sold out from under me? Drilling would be super, I just want to keep what is mine for my grandchildren.
In very limited circumstances, an owner could seek a partition of the property and have it sold. But that is very difficult to do and can only be done under limited circumstances. I wouldn’t worry about this happening.
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The statute you refer to is an Illinois statute. This allows an applicant to drill a well when they don’t own 100% of the interest.
This doesn’t really apply to your initial question.