My father transferred mineral and surface rights to a partnership. Partnership is me, brother and dad. Deeds were recorded, etc. Upon fathers death, brother and I were remaining 50-50 partners. My brother decides to give me his share of the partnership so conveyed everything over to me in a cancellation of partnership and assignment of interests to me making me sole proprietor.also filed in Carter County. Also a separate deed from him to me with same info.filed. Because there were not many surface rights and all were around an acre or so… I never had any reason to deal with them. I found out recently that someone wanted to purchase about acre of surface rights that I had. I found out that the surface rights could not be transferred in a mineral deed so now realize I do not own the surface rights that they are still in my fathers name but taxes have been paid on them. How do I get the surface rights in my name in the correct document and what kind of doc do you use to transfer surface rights? I need to get them recorded so what do I need to do? What kind of doc do you use to transfer surface interests and since he is deceased how do we do the transfer correctly. My brother still alive so if we have to show as joint heirs that is fine just need to find out how to do this.
Best to talk to an attorney in order to do the transfer properly if you want to keep the mineral rights.
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