I am listing my property and want to retain my mineral rights, is it possible to file mineral rights on your property without going to the expense of a previous rights search? Simply stating ( all remaining/ unclaimed rights ) on your recorded form.
Daniel
The State your property is in might change the method.
In Oklahoma you can sell the surface severing the mineral rights in the deed conveying the surface. You just need to make sure everything is worded correctly. Spending an hours fee on an attorney may be well worth the trouble.
As Rick said your state may make a difference. In Texas if you list with a realtor be sure to put in the listing agreement and any earnest money contracts that you are retaining all minerals and royalties. Should you sell your property, make sure that the Deed states you are retaining all the minerals and royalty, I have seen title companies fail to follow the earnest money contract and this caused problems down the road.
Daniel,
To emphasis what Rick Howell recommended, it is far far better for your mineral ownership future, if you have a mineral lawyer spend an hour writing the mineral reservation portion of the sale contract and deed. Do not rely on a real estate agent to get the mineral reservation right. Also, since you will buy the title insurance policy for the buyer, the sale contract should insist on a mineral estate determination just like the surface rights to be conveyed. The incremental cost of including the mineral title will be small.
If you have granted any mineral leases, a sale of the surface must be subject to those grants as well and particularly the lessee's right to use the surface. The bottom line is to make certain that the surface buyer is fully informed of the mineral owner rights in a written contract. To do otherwise may decimate the future value of the minerals you are keeping. If your minerals have mining vs. oil and gas potential, access is even more important. Water rights for mining purposes my also be a part of a reservation.
A mineral lawyer will also tell you what must be done to avoid loosing your mineral rights automatically through non-use; a valid consideration in many states.