I own a piece of property I want to sell the surface rights in and retain the mineral interest. I’d like to file a document to sever them before I put the property up for sale. I have seen them severed in warranty deeds on a sale, but would like to do it prior so we don’t have that discussion with a surface buyer. What document makes sense to do that with?
If you have a Trust, the minerals could be deeded to the Trustee which would sever them from the surface. Same result with an LLC. In either case, the contract with and the deed to the buyer would state that it is for the surface only.
A Mineral Deed is what you want to execute. To make it obvious, convey the minerals, (all right, title & interest) to a separate entity, not the one that currently owns the surface.
Todd M. Baker
Mineral Deed! That’s what I was looking for. Thanks. Might deed it to my son.