# Do Montana mineral rights need to be reaffirmed?
**URL:** https://www.mineralrightsforum.com/t/do-montana-mineral-rights-need-to-be-reaffirmed/8929
**Category:** Powder River County, MT
**Created:** [October 8, 2014, 5:14pm UTC](https://www.mineralrightsforum.com/t/do-montana-mineral-rights-need-to-be-reaffirmed/8929 "2014-10-08T17:14:23Z")
**Posts on this page:** 5
**Page:** 1
### Author:  [@Linda\_Holub](https://www.mineralrightsforum.com/u/Linda_Holub)
#### Post date: [October 8, 2014, 5:14pm UTC](https://www.mineralrightsforum.com/t/do-montana-mineral-rights-need-to-be-reaffirmed/8929/1 "2014-10-08T17:14:23Z")
We are considering selling the surface rights to some Powder River property, but want to retain the mineral rights. Is there any provision in Montana law that the mineral rights revert to the surface owner after a certain amount of time? I see in some states that the mineral rights have to be reaffirmed–what is the situation in Montana?
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### Author:  [@Eastern\_MT](https://www.mineralrightsforum.com/u/Eastern_MT)
#### Post date: [October 9, 2014, 7:58pm UTC](https://www.mineralrightsforum.com/t/do-montana-mineral-rights-need-to-be-reaffirmed/8929/2 "2014-10-09T19:58:50Z")
No, Montana does not have one of those laws. The legislature can change it in the future but for now nothing is required to continue to own your Montana minerals.
However, if you’re about to sell the land make sure your deed is properly written to reserve your minerals. Failure to include that language in the deed would convey your minerals with the surface to the new buyer.
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### Author:  [@Linda\_Holub](https://www.mineralrightsforum.com/u/Linda_Holub)
#### Post date: [October 9, 2014, 8:12pm UTC](https://www.mineralrightsforum.com/t/do-montana-mineral-rights-need-to-be-reaffirmed/8929/3 "2014-10-09T20:12:24Z")
Thank you very much for your reply and the information. Do you think that a Quit Claim Deed can convey this, or would it have to be a different type of deed?
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### Author:  [@Eastern\_MT](https://www.mineralrightsforum.com/u/Eastern_MT)
#### Post date: [October 10, 2014, 3:35pm UTC](https://www.mineralrightsforum.com/t/do-montana-mineral-rights-need-to-be-reaffirmed/8929/4 "2014-10-10T15:35:01Z")
To be safe please utilize an attorney to prepare the deed. I’m not an attorney so take this with a grain of salt. Yes, you can use a quit claim deed. However, regardless of the type of deed used (quit claim, warranty, etc.), if you wish to retain mineral rights that deed MUST contain language which specifically excludes them from the sale of the surface. Again, have an attorney draw up the deed, then confirm that deed includes language which reserves the minerals to the seller.
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [August 15, 2018, 12:13am UTC](https://www.mineralrightsforum.com/t/do-montana-mineral-rights-need-to-be-reaffirmed/8929/5 "2018-08-15T00:13:32Z")