A mineral deed transfers all ownership rights in the assets under the surface of a tract of land—including oil, gas, coal, hydrocarbons, metals, and minerals—from the grantor (seller) to the grantee (buyer). The transfer also includes all rights to receive royalties, profits, or payments related to the assets under the surface of the land.
In Montana, a mineral deed is a legal document that transfers ownership rights of minerals beneath the surface of a tract of land from the grantor to the grantee. This includes not only solid minerals such as coal, metals, and other mineable substances, but also oil, gas, and any hydrocarbons. The rights conveyed by a mineral deed typically include the right to explore, drill, mine, and produce the minerals, as well as the right to receive any royalties, rents, or profits from the extraction and sale of these minerals. It's important to note that in Montana, surface rights and mineral rights can be owned separately, a concept known as severed estates. Therefore, a mineral deed does not necessarily grant any rights to the surface of the land unless specifically included. The transfer of mineral rights must be recorded in the county where the property is located to provide public notice and maintain a clear chain of title. As with any legal document affecting real property rights, it is advisable to consult with an attorney to ensure that the deed is properly drafted and executed in accordance with Montana law.