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I am a landlord in Texas seeing real estate sale/purchase where…

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I am a landlord in...
I am a landlord in Texas seeing real estate sale/purchase where the seller reserves wind rights or reserves royalties under property contracted for wind energy production. I question if wind rights and royalties, like minerals, are considered real property which can be deeded, severed from property being sold, transferred, or swapped for real property.
Thanks, XXXXX XXXXX
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 58 minutes by:
6/24/2010
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,782
Experience: Texas Attorney for 30 years dealing in real estate
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Thanks for your question.Certainly you have the right to control airspace here by contractual reserve.Realistically here there may be city/county restrictions that prevent anyone from putting up a windmill but it is something that included in real estate transactions these days.This is a relatively new area and there hasn't been alot of litigation concerning wind restrictions.Stay tuned this is bound to come up more especially in rural West Texas.

Wind leases..

http://www.sbaustinlaw.com/wind-energy-law.php

Edited by RayAnswers on 6/24/2010 at 12:25 AM EST
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Customer reply replied 8 years ago
Sorry, but you didn't answer directly. Is this all you know on the subject? Wind restrictions were not part of my inquiry.
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
Are you asking me if a land owner can reserve wind or air rights above the property--yes it is just like mineral or sub surface rights.You can lease them as I showed them or sell them or reserve them.They are a legal item just like surface or minerals.They have definite value in a rural setting say a ranch or farm because of the growth of wind power.As you can see here there are folsk currently leasing such rights for money just like minerals.
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Customer reply replied 8 years ago

I have is a Surface Lease and Wind Easement...for energy development, and there is no reference in the entire contract to wind rights, and the contract is producing wind income. If I wish to sell or transfer to an unrelated party, do I sell or transfer the rights to the surface lease and wind easement or to the wind rights? Are the ownership of the wind rights and ownership of the contract rights considered ownerships of real property? Is a transfer made by way of a deed?

 

Thank you for your patience.

Real Estate Lawyer: Ray, Lawyer replied 8 years ago
You can transfer surface lease and wind easement if there is no prohibition in the lease/easement.There may well be.Look to the document for the answer.It either prohibits transfer or assignment or allows it or doesn't mention anything.Unless it is prohibited you can transfer/assign..
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Customer reply replied 8 years ago

A lawyer probably understands the answer more than me, but can you give me a layman's understandable answer about whether both of these, wind rights and lease/easement rights, are real property?

 

Would a transfer of the wind rights be inclusive of the contract rights but broader? There is no prohibition for transfer/assignment in the agreement.

 

Can the transfer be made by way of a deed rather than a contract?

 

 

Real Estate Lawyer: Ray, Lawyer replied 8 years ago
They are property rights They may be transfered.leased, etc.Since there is no prohibition this woudl certainly be possible here.
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