how do i obtain a mineral deed
Are you trying to sell your minerals, or are you saying you believe you own the minerals, but need to find the deed proving it? Where are the minerals located (county, survey, abstract)?
I OWN MY MINERALS I WONT TO SEVER THEM FROM THE SERFICE SO IF I SELL THE SERFICE I WILL HAVE A DEED RECORDED AND IN HAND THANKYOU
Unless there is something I am missing, there is really no reason to do what you are talking about. If you ever sell the property, you could just reserve all minerals, etc. However, if you really want to do what you are describing, I would think selling them to a company like an LLC or some entity that you own would be your best bet, but I would defer to whatever Ben's or others advice may be because they could know better than I.
You can sever without forming an entity, but you do need to record a deed. You can deed the minerals from yourself individually to yourself as trustee, and then form an entity later of you want.
Agree with the suggestions from Texas Tea and Wade.
would it be helpful in the leasing prosess if you had a "mineral deed" in hand?
Whatever his reasoning, he can write up a Mineral Deed to himself and record it.
Though to be safe, when the surface is sold at a later date, he should still include language in that deed excepting and reserving all minerals to the Grantor.
I think it's helpful when leasing to have the minerals in your name, make it easier to find you if nothing else. I think it can certainly help to collect your royalty to have the minerals in your name.
Bill Kirk said:
would it be helpful in the leasing prosess if you had a "mineral deed" in hand?
In the eyes of somebody leasing minerals, it makes absolutely no difference HOW somebody obtained title to minerals, whether through a Mineral Deed or a regular Warranty Deed or a Probate or an intestacy. So there is no advantage in the leasing process to have obtained title to one's mineral interest through a Mineral Deed. It IS helpful to "have the minerals in your name" when leasing, but they ALREADY ARE in your name!
Executing a Mineral Deed from yourself TO yourself makes absolutely no sense. And it would cause some confusion in the future when a title company looks at the chain of title to issue a title policy.
There is no need to do ANYTHING unless and until you want to sell the surface, at which time reserve all your minerals (get an attorney to give you the exact wording for your situation). And make sure to make the conveyance subject to any prior conveyances, mineral reservations, easements, etc., etc. If not, and there is some prior mineral reservation back in title that you don't know about, you could have a problem known as the "Duhig Rule."