Colorado Mineral Deed with Quitclaim Covenants

Colorado Mineral Deed with Quitclaim Covenants Image
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In Colorado, a Mineral Quitclaim Deed is used to transfer oil, gas, and mineral rights from the grantor to the grantee. It is a form of property transfer, not a lease agreement (CO Rev Stat § 38-30-113).

Transfer Details: The deed includes the transfer of a variety of mineral rights, such as oil, gas, and other minerals, without exceptions or reservations. The grantor specifies the percentage of mineral rights the grantee receives.

Rights and Access: The grantee is granted rights to access the land for activities like mining, drilling, exploration, operation, and development of these minerals, including their storage, handling, transportation, and marketing.

No Title Warranty: The grantor quitclaims the mineral rights without any warranty of title, either express or implied, meaning the grantee accepts the title as it is, including any discrepancies (§ 38-30-116).

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 deed must include the name, address, and county of both the grantor and grantee, consideration paid, a formal legal description of the property, the assessor's ID number (if available), and an acknowledged signature of the grantor (C.R.S. 38-30-113, 114, 116; C.R.S. 38-35-122).

Recording Process: According to C.R.S. 38-35-109, after execution, the quitclaim deed must be recorded in the office of the county clerk where the land is situated. Colorado follows a "race-notice" recording statute, meaning the first bona fide grantee to record the deed generally retains the rights to the property.

Permanent Impact and Legal Advice: The use of a quitclaim deed can have lasting implications on property rights. It is advisable for individuals to seek legal counsel to fully understand the document's implications before executing it.

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

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