Santa Clara County Mineral Deed with Quitclaim Covenants Form (California)

The following California and Santa Clara County supplemental forms are included as a courtesy with your order:

When using these Mineral Deed with Quitclaim Covenants forms, the subject real estate must be physically located in Santa Clara County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Santa Clara County include:

• Alviso
• Campbell
• Coyote
• Cupertino
• Gilroy
• Holy City
• Los Altos
• Los Gatos
• Milpitas
• Morgan Hill
• Mount Hamilton
• Mountain View
• New Almaden
• Palo Alto
• Redwood Estates
• San Jose
• San Martin
• Santa Clara
• Saratoga
• Stanford
• Sunnyvale

In California, a Mineral Quitclaim Deed (as per Civil Code Sections 1092, 1104-1107, 1113; Government Code Sections 27279-27297.7, 27320-27337) is used for transferring oil, gas, and mineral rights from the grantor to the grantee. It is a transfer of ownership, NOT A LEASE, and does not include exceptions or reservations.

Transfer Details: The deed transfers all kinds of mineral rights, including oil and gas. The grantor has the discretion to specify the percentage of mineral rights the grantee will receive.

Rights Conferred: This deed gives the grantee rights to access the land for mining, drilling, exploration, operation, development, storage, handling, transportation, and marketing of these minerals.

No Title Warranty: The grantor transfers mineral rights without any warranty of title, either express or implied, meaning the grantee accepts the title as it is, with all its potential discrepancies.

Uses: Mineral deeds with quitclaim are often used in situations where the grantor wants to quickly release any interest they might have in mineral rights, such as in settling estates, resolving disputes, clearing up uncertainties about ownership in a title's history or when mineral rights have previously been severed or fragmented from surface rights and cloud a title, making it difficult to transfer property. Resolution often involves the holder(s) of the mineral rights, quit-claiming any rights he/she/they have or might have in the subject property.

Legal Requirements and Recording: The quitclaim deed must be in writing and include the names and addresses of all parties involved, as required by Government Code Sections 27324, 27321.5, 27361.6, and 27288.1. It must be recorded by the County Recorder in the county where the property is located (Civil Code Section 1169) and adhere to California's "race-notice" recording statute (Civil Code Sections 1213-1214).

Formatting and Execution Requirements: The deed must follow specific formatting guidelines (Government Code Section 27361.6) and be executed before two disinterested witnesses. The names of all parties must be legibly signed or printed near the signature (Government Code Sections 27280.5, 27361.6).

Language and Other Considerations: Quitclaim deeds not in English are not suitable for recording (Government Code Section 27293). The deed should also include a complete legal description of the property and the vesting choice of the grantee.

Implications: The use of a quitclaim deed can have a permanent effect on property rights. It is advisable to consult a legal professional to fully understand the implications of executing such a document.

(California Mineral Deed with Quitclaim Package includes form, guidelines, and completed example)

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