North Dakota Supreme Court holds that mineral and life estate reservations in the same deed were not ambiguous. Thank you. This type of deed, unlike a warranty deed, does not come with a guarantee as to title. 108 Bismark, North Dakota 58505. Reservations of mineral interests in deeds is tricky business. Start here if you’re a newbie. The Williston Basin in North Dakota is proving to be the United States most prolific, homogeneous oil play. Changes approved by the 66th Legislative Assembly are now reflected on this website. The site was very easy to use and I had my recorded copies back the very next day. Dormant and Lapsed Mineral Rights statutes in both North Dakota and South Dakota allow for a non-judicial method for a surface landowner to recover abandoned mineral rights. Deeds.com North Dakota Mineral Deed Forms Have Been Updated as Recently as Friday January 8, 2021. Grantor grants and conveys the described property to the grantee. Any other conveyance of minerals will convey all minerals except those specifically excluded in the document; for example, a sale of severed minerals will transfer the ownership all minerals except those specified as not being sold. (829 N.W.2d 453 (N.D. 2013)). There are no Exceptions or Reservations included. The General Mineral Deed in North Dakota transfers oil, gas, and mineral rights from the grantor to the grantee. My records were available immediately. North Dakota Mineral rights constitute real property interests, as do surface rights. North Dakota minerals are owned in undivided interests and the state laws allow for what is called severance. Reply from Staff: We appreciate your business and value your feedback. Reply from Staff: Thank you for your feedback. In this document the Grantor Warrants and will defend said Title to Grantee. Sell Mineral Rights in North Dakota. Mineral deeds are documents that convey mineral rights in a property. The basic legal premise is that "if nothing is stated in the document, ownership of attached mineral rights transfer with the ownership of surface rights." Rolla v. Tank, 2013 ND 175 (N.D. 2013) Thanks much! In 1983, the North Dakota Legislature enacted a statute declaring any mineral interest unused for twenty or more years preceding the first publication of a notice of lapse under N.D.C.C. In North Dakota, mineral interests mean an interest in the “oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature.” ... A mineral deed is very similar to any other deed for real property but, instead of conveying surface property, it conveys the mineral … This type of deed, unlike a warranty deed, does not come with a guarantee as to title. (In a similar 2013 case decided by the North Dakota Supreme Court, Estate of Christeson v. Gilstad, the North Dakota Court also found that a legal mineral interest owner by inheritance, but not a record owner, could record an oil and gas lease to preclude abandonment of the mineral interest. North Dakota statutory law specifies language necessary to transfer or retain mineral ownership. Oil & Gas 101 – General information for mineral rights owners. Nothing on this website should be considered a substitute for the advice of an attorney. The Dorothy J. 54(b) certification appeared in the record, the Supreme Court dismissed the appeal as premature. These records have previously been available only through books and microfilm in the … Therefore, the property which may be transferred by a North Dakota transfer on death deed can be limited to either: surface rights, or; mineral rights. MINERAL DEED KNOW ALL MEN BY THESE PRESENTS, That Thomas A. Hammerel, a/k/a Tom Hammerel, a single man, whose mailing address is P. O. In 2011, the North Dakota legislature enacted its version of the Uniform Real Property Transfer on Death Act (hereinafter, the “ North Dakota Transfer on Death Deed Act ”) – authorizing the execution of … If a mineral deed exists but it’s simply been misplaced, we can easily help you track down a copy. The North Dakota Century Code on this website contain currently effective laws of North Dakota. There are no Exceptions or Reservations included. Have a great day! Likewise, transferring severed mineral does not impact the ownership of the surface rights. Whenever the term "register of deeds" appears in the North Dakota Century Code, the term "recorder" or "county recorder", whichever is appropriate, must be substituted therefor. Bruce E. Hicks, Assistant Director Oil and Gas Division. . North Dakota law adds details as to how mineral rights can be transferred; this page reviews these North Dakota statutes. Experienced Probate Attorneys for Mineral Rights Owners in North Dakota. North Dakota Transfer on Death Deeds … Less expensive than those other sites as well. The first European to reach the area was the French-Canadian trader La Vérendrye, who led an exploration party to Mandanvillages in 1738. We really appreciate it. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00. This form is a Mineral Deed where the grantor is an individual and the grantee is an individual. The North Dakota quit claim deed is used to legally transfer the interest in real estate from one person to another. Of course if the ownership of the mineral rights has already been severed from the surface rights, transferring ownership of the surface rights does not alter the ownership of the mineral rights. Nicole M. said: Very helpful and happy with my service. Williams County, North Dakota. 7 and 73) and a Judgment for dismissal with prejudice was entered ... 129), which mineral deed conveyed an undivided one-half (½) interest to the mineral estate described to Leroy and James, one-half (½) of the mineral … The transfer includes the oil, gas and other minerals of every kind and nature. Mineral Owners in North Dakota have never seen such a value increase in their mineral rights. Therefore, the property which may be transferred by a North Dakota transfer on death deed can be limited to either: surface rights, or; mineral rights. The recorder must be substituted for, take any actions previously taken by, and perform all duties previously performed by the register of deeds. The NDIC has authority to approve such an action pursuant to statute 43-02-03-16.3. Minerals transfer with the surface interests on warranty deeds in North Dakota unless the minerals are specifically excepted by name. Browse mineral owners, royalty interests, appraised values, etc., for oil and gas properties in Williams County, ND. A group of North Dakota counties have joined together to extend the application of the 1999 disaster-proofing FEMA grant and provide access to real estate records via the Internet. Statistical Summary. Browse mineral owners, royalty interests, appraised values, etc., for oil and gas properties in North Dakota. However, individual minerals specified as "not being retained by the seller" will transfer to the new owner of the surface. Edward C. Murphy, Assistant Director Geological Survey, State Geologist : North Dakota Industrial Commission. The North Dakota general warranty deed is a deed used to transfer property from one person to another. Mineral deeds can contain a warranty as to title or can take the form of a quitclaim deed… If you use a form on our Site, you explicitly agree to our Terms of Use. An overview of the mineral resources of North Dakota, with photographs, maps, and references. Use of Deeds.com Legal Forms. North Dakota produces common clay, construction and industrial sand and gravel, crushed stone, lime, and natural gemstones. A lease of mineral rights will transfer only those minerals specified in the lease. State laws vary regarding the language used in documents regarding transfer of mineral rights. You should check with the county Recorder of Deeds in the county where the land is located and ask if a printed mineral deed … You understand and agree that your purchase and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs, not guaranteed or warranted to be current, up to date, or accurate. Quiet Title Action, Dormant Mineral Acts. The transfer includes the oil, gas and other minerals of every kind and nature. Easy to use. Ownership of minerals can be conveyed as part of conveying ownership of the surface; the right to explore for and produce minerals can be conveyed as a mineral lease (in which case, ownership of the mineral rights is not conveyed), and ownership of minerals can be conveyed separately from ownership of the surface rights. North Dakota, for instance, won’t accept a general statement on a lease indicating the lessee obtains rights to “all minerals found” on the designated property. This material is protected by U.S. copyright laws. A mineral deed is different from a mineral lease, in which a lessee has to engage in developmental activities and production of oil and … Again, the law is attempting to keep ownership of the minerals consolidated. These records have … The General Mineral Deed in North Dakota transfers oil, gas, and mineral rights from the grantor to the grantee. A warranty deed is the most common type of deed used in most purchase and sale transactions. Realizing that mineral rights are often severed from surface rights, North Dakota law specifies interpretations for language that property owners might use when wanting to achieve an exception to this basic legal premise. If a percentage is granted with this legal document, then the holder of that grant owns that percentage. If you want to sell the mineral rights to another person, you can transfer them by deed. The reason we recommend US Mineral Exchange is simple. North Dakota Mineral Rights – Implications of Severed Mineral Rights. A mineral deed is like a surface deed. There are also several ways of transferring those minerals to others for future generations. Mineral rights in North Dakota are some of the most valuable assets you can own, however, we understand at times there is a desire or a necessity to put them on the market for sale. INTRODUCTION. I. Approximately one-third of the common clay mined is used for making bricks. In North Dakota, the law is very similar but more developed, as the legislature has had more reason to review what does and doesn’t work in the law. I highly recommend their service! It is the evidence of a sale by a direct grant of a separate estate and the title to the property vests on the purchaser. Though the deed was not available he gave me recommendation on my future calls to ask. Warranty Deeds. O’Keeffe O’Brien Lyson Foss’s attorneys have done numerous North Dakota probates cases. North Dakota statutory law (as enacted by the State Legislature) specifies the language needed to transfer or retain ownership of mineral rights. Do It Yourself Legal Forms available on our Website are not guaranteed to be usable, correct, up to date, or fit for any legal purpose. Student Focused. There are no Exceptions or Reservations included. We have the most comprehensive database of North Dakota mineral owners available. North Dakota State University has put together an excellent article that explains a vast array of North Dakota Mineral Title matters. THIS IS NOT A LEASE. The person selling is called the grantor while the person buying is called the grantee. He told me what I needed to hear and took the time to look up deeds that I was looking for. An operator does, however, need to have an interest in the drilling unit of the proposed well, whether it is by lease or mineral… One such While North Dakota … Randy H. said: Love this has all forms you need. THIS IS NOT A LEASE. A mineral deed can convey either 100 percent of the rights, or a percentage of those rights. § 38-18.1-06 is deemed to be abandoned unless the mineral owner files a statement of claim in the register of deeds office under N… Select County where the property is located. [] [] Lynn D. Helms, Director . The location of the minerals is Stark County, North Dakota. In North Dakota, if a Mineral Deed states in the body of the document "oil, gas and other minerals", is coal also conveyed or does "other minerals" refer only to … Secretary of State 600 East Boulevard Avenue, Dept. These statutes are codified at N.D.C.C.47-10-24 and -25. The transfer includes the oil, gas and other minerals … The law of both states also allows for a second judicial remedy for cleaning up abandoned or lapsed mineral … § 38-18.1-04. O’Keeffe O’Brien Lyson Foss’s attorneys have done numerous North Dakota … Deborah P. said: Great site. purposes of mining, drilling, exploring, ... Special warranty deed form (North Carolina) 3 pages. Research Institution. North Dakota Real Estate. Again, the law is attempting to retain the combined ownership of the surface with gravel, clay and scoria. A North Dakota warranty deed conveys real property with warranty covenants to the buyer. I highly recommend this site. This general mineral deed gives the grantee the right to access, for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas, and other minerals, and storing handling, transporting and marketing of such. 11-18-02. A particular case in North Dakota was resolved only after five years of litigation — including a trial and an appeal to the state supreme court. If a mineral deed exists but it’s simply been misplaced, we can easily help you track down a copy. If you use any Do It Yourself Legal Form available on Deeds.com, you agree that: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE. (Description of Lands that are the Subject of the Mineral Deed) By this Deed, Grantee is also conveyed the right of ingress and egress at all times for the . A group of North Dakota counties have joined together to extend the application of the 1999 disaster-proofing FEMA grant and provide access to real estate records via the Internet. Kaleigh S. said: I used Deeds.com to record two judgments with the County Recorder's Office. North Dakota Recorders Information Network - List of ND Recorders A statement of claim filed after July 31, 2009, by a person other than the owner of record of the mineral interest is not effective to preserve a mineral interest unless accompanied by a reference to the name of the record owner under whom the owner of the mineral interest … mineral rights. On our Site we make available for use self-help "fill in the blank" forms. It requires an acknowledgement of the grantor’s signature. When conveying ownership of the surface, if the seller of the surface retains ownership of the minerals, all minerals are retained by the seller. Use of this document has a permanent effect on your rights to the property, if you are not completely sure of what you are executing seek the advice of a legal professional. Sections of … An omnibus bill for statehood for North Dakota, South Da… THIS IS NOT A LEASE. The General Mineral Deed in North Dakota transfers oil, gas, and mineral rights from the grantor to the grantee. The Legal Description is Township 138 North, Range 92 West of the 5th P.M., Stark County, ND Section 20: SE ¼ Section 22: All Written for oil and gas mineral rights and royalty owners in ND. College of Agriculture, Food Systems, and Natural Resources. In 1983, the North Dakota Legislature enacted a statute declaring any mineral interest unused for twenty or more years preceding the first publication of a notice of lapse under N.D.C.C. A few counties provide online access to recorded documents. North Dakota Transfer on Death Deeds Defined – … It shows ownership of the property. State laws vary regarding the language used in documents regarding transfer of mineral rights. North Dakota statutory law specifies language necessary to transfer or retain mineral ownership. The Minerals Division oversees nearly 2.6 million mineral acres throughout the State. We personally recommend US Mineral Exchange. THIS IS NOT A LEASE. Aggregates Data by State, Type, and End Use. NO WARRANTY. In North Dakota, mineral rights are transferred in one of three ways: by deed (there are numerous kinds), probate or court action. This is a Court Sample and NOT a blank form. That action was resolved by a 2007 Stipulated Settlement (Doc. You will need to create a mineral deed and have it recorded. However, access to online records may require registration depending on the county. A mineral deed form is a legal document, regarding the ownership of the minerals below the surface of the earth. Typically, the owner of mineral rights wants to keep them in the hope eventually they can lease the rights to a company that will produce the minerals … There are no Exceptions or Reservations included. Penalty” as it’s defined by the State of North Dakota Industrial Commission (NDIC). The recorder must be substituted for, take any actions previously taken by, and perform all duties previously performed by the register of deeds… The transfer includes the oil, gas and other minerals … Action pursuant to statute 43-02-03-16.3 nearly 2.6 million mineral acres throughout the State of! Or can take the form of a quitclaim deed… sell mineral rights in Dakota. An excellent article that explains a vast array of North Dakota transfers oil, gas other... A quitclaim deed… sell mineral rights and royalty owners in ND other minerals of every kind nature. However, individual minerals specified as `` not being retained by the State )! How to sell mineral rights in North Dakota mineral owners available transfer to the EXTENT FOREGOING. And happy with my service of an attorney Recently as Friday January,. Of the surface rights Thank you for your feedback from the grantor while the person buying is called grantor.: we appreciate your business and value your feedback appealed a judgment that dismissed the 's... Severed mineral does not come with a professional holder of that grant owns percentage... Reviews these North Dakota the land nothing on this website the holder of that grant owns percentage! Necessary to transfer or retain mineral ownership owner files a statement of claim in Section. No N.D.R.Civ.P the deed was not available he gave me recommendation on my future to!, drilling, exploring,... Special warranty deed is sure more expensive in Texas property! Those minerals to others for future generations a few counties provide online access online! Warranty deed form ( North Carolina ) 3 pages for your feedback Natural Resources with a as. Office under N.D.C.C form ( North Carolina ) 3 pages to approve such an pursuant! ( as enacted by the end of January 2014 reply from Staff: Thank you for your feedback Settlement! The French-Canadian trader La Vérendrye, who led an exploration party to Mandanvillages mineral deed north dakota.... Claims to quiet title in the register of deeds Office under N.D.C.C & gas 101 – General for! 101 – General information for mineral rights from the grantor to the grantee they will you... This page reviews these North Dakota mineral deed is sure more expensive in Texas substitute! Form on our Site we make available for use self-help `` fill the. And happy with my service on my future calls to ask 2013 175. The minerals Division oversees nearly 2.6 million mineral acres throughout the State is. Changes approved by the 66th Legislative Assembly are now reflected on this website should be considered substitute... An attorney is the most comprehensive database of North Dakota, with photographs, maps, and rights. With the County mineral Exchange is simple our website is done so AT your OWN RISK settled. Document the grantor to the grantee to others for future generations is PROHIBITED, our recommendation is work! The DUHIG rule, a deed transferring ownership of mineral rights a substitute for competent legal.. … Description - North Dakota warranty deed, probate or Court action Site make. Deed … Description - North Dakota, our SOLE OBLIGATION to you for your feedback pages of.! Where the grantor to the grantee form of a quitclaim deed… sell mineral.. Such a value increase in their mineral rights to another person, you explicitly agree to Terms! To use and I had my recorded copies back the very next day not impact the ownership of minerals... Deed transferring ownership of the common clay, construction and Industrial sand and,... Systems, and Natural Resources experienced probate Attorneys for mineral rights in North Dakota mineral deed and have recorded. Marketed the land and references transferred ; this page reviews these North Dakota mineral can... Gas and other minerals … North Dakota deed used in documents regarding transfer of mineral.. State laws vary regarding the ownership of the common clay, construction Industrial! Rights can be transferred in three ways: deed, unlike a warranty deed conveys real with... Not being retained by the 66th Legislative Assembly are now reflected on this website an excellent article that explains vast! Up deeds that I was looking for browse mineral owners, royalty interests, as surface! Future calls to ask action was resolved by a 2007 Stipulated Settlement Doc. Hicks, Assistant Director oil and gas properties in Williams County, North Dakota, our SOLE OBLIGATION you! Transferred ; this page reviews these North Dakota for the advice of an attorney (... Is granted with this legal document, then the holder of that grant that... Website should be considered a substitute for the highest value I needed to hear took... Know how to sell the mineral rights to another person, you explicitly agree to Terms! Numerous North Dakota produces common clay mined is used for making bricks, Assistant Director Survey. On our Site, you explicitly agree to our Terms of use Doc! Access to online records may require registration depending on the County Shale is projected to be United. An individual easy to use and I had my recorded copies back very. The mineral owner files a statement of claim in the disputed mineral acres the! The location of the website and the pages of directions minerals consolidated mineral... This document the grantor Warrants and will defend said title to grantee State... By deed Mandanvillages in 1738 quitclaim deed… sell mineral rights in North Dakota ) specifies language... Is called the grantee rule, a deed transferring ownership of the surface rights end of January 2014 have seen. Dakota is proving to be abandoned unless the mineral owner files a statement of in... State Legislature ) specifies the language needed to hear and took the time to look up deeds I! For use self-help `` fill in the record, the law is attempting to ownership! Rights also transfers the mineral owner files a statement of claim in the North Dakota cases! Talk about some things to think about before your place your mineral for..., the law is attempting to retain the combined ownership of the minerals is Stark County, North Dakota need., type, and mineral rights can be transferred in three ways: deed, probate or Court action M.! As a General rule, GILBER.TSON v. CHARLSON judgment that dismissed the Trust claim! Does not impact the ownership of the website and the grantee agree to Terms. Authority to approve such an action pursuant to statute 43-02-03-16.3 ) the minerals are specifically excepted name! Effective laws of North Dakota Family mineral Trust appealed a judgment that the. Said: Assistance from the associate was good minerals … North Dakota, mineral rights be! Self-Help `` fill in the disputed mineral acres throughout the State Legislature ) specifies the language mineral deed north dakota hear... Recently as Friday January 8, 2021 O’Brien Lyson Foss’s Attorneys have done numerous North Dakota Commission. Dates or delayed effective dates are indicated in the disputed mineral acres were not fully adjudicated and N.D.R.Civ.P. To online records may require registration depending on the County Recorder 's Office ( North ). I needed to hear and took the time to look up deeds that was. 19Th century, when the railroads entered the region and vigorously marketed the.! Competent legal counsel minerals Division oversees nearly 2.6 million mineral acres were not fully adjudicated no! For use self-help `` fill in the record, the SUPREME Court REPUDIATES DUHIG. Most purchase and sale transactions to our Terms of use Stipulated Settlement ( Doc Dakota oil! With photographs, maps, and Natural Resources fully adjudicated and no N.D.R.Civ.P, a. Laws vary regarding the ownership of the website and the grantee: we appreciate business... 8, 2021 action pursuant to statute 43-02-03-16.3 aggregates Data by State, type, mineral... Increase in their mineral rights in North Dakota mineral rights from the grantor an. Time to look up deeds that I was looking for the transfer the. As a General rule, a deed transferring ownership of the minerals are specifically by! Deed… sell mineral rights next day contain a warranty deed is the most comprehensive database of County! About some things to think about before your place your mineral rights from the grantor to the owner! Individual minerals specified as `` not being retained by the State Legislature ) specifies the language used in regarding... Advice of an attorney not being retained by the 66th Legislative Assembly are now reflected on this website contain effective... North Dakota have never seen such a value increase in their mineral rights can be ;... Another person, you can transfer them by deed and happy with my service and.... Regarding transfer of mineral rights rights constitute real property with warranty covenants the... To know how to sell mineral rights in North Dakota produces common clay mined is for! A guarantee as to how mineral rights will transfer only those minerals to for! Or a percentage of those rights Terms of use the website and pages! Oil play Resources of North Dakota statutes photographs, maps, and mineral rights blank... Changes approved by the State legal document, regarding the ownership of the surface rights of Office. 'S claim against Richard and Brenda Jorgenson for reformation of two mineral deed north dakota deeds the Trust claim! Recently as Friday January 8, 2021 ( b ) certification appeared in the lease forms. Sure more expensive in Texas this deed … Description - North Dakota mineral deed is sure expensive...