Hi, I’m trying to figure out how to transfer mineral rights from an individual to an LLC. I surely don’t want to do a quitclaim deed. Would a warranty deed suffice or is there a particular document for this transfer in NM?
Any deed (warranty, special warranty, or quitclaim) will convey the minerals - it just depends on what type of warranty you want to use. If you don’t know, you should ask an attorney. If I were simply transferring minerals I own in my own name to an LLC that I own, I would just use a warranty deed. If I were selling to a third party, I would use a special warranty deed.
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I am not sure that you would automatically give a warranty deed and especially not if your deed was a quitclaim deed.
Most comprehensive is a General Warranty Deed, followed by a Special Warranty Deed, followed then by a Quitclaim Deed.
If your conveyance was via a Special Warranty Deed, I don’t think it would be in your best interest to convey that right via a General Warranty Deed. Likewise, if your conveyance had been via a Quitclaim Deed, I don’t think it would be in your best interest to convey that right via a General Warranty Deed or a Special Warranty Deed.
Might want to ask one of those Doctors of Jurisprudence (however you spell it).
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Thank you Max and William. I appreciate the feedback.
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