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Is using a Quit Claim Deed to transfer Mineral Rights in the

Resolved Question:

Is using a Quit Claim Deed to transfer Mineral Rights in the State of Texas a valid document? Or is there something else that should be used?
Submitted: 2 years ago.
Category: Legal
Expert:  Thomas McJD replied 2 years ago.

Hello, I will be happy to assist you. After receiving your answer, please do not forget to click the green "accept" button. Although you have made a deposit (or are a subscriber), I cannot receive credit for my work without your accept.

 

Yes, that is perfectly acceptable and is often done (usually referred to not just as a "quitclaim deed" but a "quitclaim mineral deed").

 

Don't know why your attorney would think minerals couldn't be transferred via quitclaim deed as that is typically how it's done. Sometime the deed is just referred to as a "mineral deed" which could be either a quitclaim deed or a warranty deed, depending on whether warranties are included in the conveyance.

 

 

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Expert:  Thomas McJD replied 2 years ago.

Here is a sample mineral deed, although this one happens to be a warranty mineral deed:

 

http://media2.myfoxdfw.com/PDF/mineral%20deeds.pdf

 

If you need clarification, let me know. If not, your accept would be appreciated.

Expert:  Thomas McJD replied 2 years ago.
Could I provide clarification?
Customer: replied 2 years ago.

Thank you for your response.

For some reason my current attorney believes that any quit claim deed is not a valid conveyance in the State of Texas. So this is not true?

Could I also use a Quit Claim Deed to remove someone from Title? Does JustAnswer also provide legal documentation?

Thank you for your help.

Expert:  Thomas McJD replied 2 years ago.

Your attorney may be saying that a generic quitclaim deed form (one you might pick up at an office supply store) won't work. That's correct because that deed won't have language of conveyance for mineral interests.

 

However, a mineral deed can quitclaim the minerals to the grantee. It just has to have language of conveyance for minerals ("all the grantor's right title and interest in and to all the following oil, gas and other mineral interests in and to the following described property....")

 

Just look at the copy of the deed I gave you a link to and you'll see that type of language in the deed. That language must exist to be a mineral deed, whether it's a quitclaim mineral deed or warranty mineral deed.

 

I cannot provide you a form other than the sample I already provided.

 

You cannot quitclaim to remove someone else from title. If someone owns an interest, the only way to get them removed as an owner is for that owner to quitclaim their interest to someone else.

 

Your accept would be appreciated.

Thomas McJD, Attorney
Category: Legal
Satisfied Customers: 6514
Experience: Legal Expert
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