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Mineral rights do not necessarily transfer with the property. Typically, a property conveyance (sale) transfers the rights of both the surface land and the minerals underneath until the mineral rights are sold. Mineral rights are conveyed \u2014 meaning transferred to a new owner \u2014 through a deed.
This disclosure directly asks the current property owner to disclose whether the mineral and/or oil and gas rights were severed from the property by the previous owner, by the current owner, and whether the current owner intends to sever the rights from the property prior to transfer of title to the buyer.
The State of North Carolina Mineral and Oil and Gas Rights Mandatory Disclosure Statement requires all sellers of a new or existing homes in NC to disclose whether the mineral, oil and gas rights for the property are owned by someone other than the seller. The purpose of this new law is to protect the buyer.
Mineral rights are conveyed \u2014 meaning transferred to a new owner \u2014 through a deed. At the time of the initial conveyance, the property deed will include the separation of the surface and mineral rights. Subsequent land deeds will not reference the mineral rights transfer.
In Louisiana for example, if you sell land, you may retain ownership of the minerals beneath it for a period of 10 years and one day at which time you must transfer such mineral rights to the current owner of that tract of land, but only if that owner has retained the land for the same period of time.
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Surface rights determine who owns the rights to the surface of the land, while mineral rights determine who has the right to mine the minerals below the surface of the property. Mineral rights can be completely separate from land rights.
In nearly every real estate transaction in North Carolina, mineral rights come with ownership of the land at the surface.
When it comes to mineral rights, the standard admonition has long been consistent and emphatic: Avoid selling them. After all, simply owning mineral rights costs you nothing. There are no liability risks, and in most cases, taxes are assessed only on properties that are actively producing oil or gas.
By investing in mineral rights, you can receive greater returns on your real estate investments than just equity appreciation. Mineral rights to oil, coal, natural gas, or other valuable natural resources can substantially boost your investment portfolio as labor-free sources of revenue or passive income.
One quick and dirty approach is the \u201crule of thumb.\u201d Those following the rule of thumb say that mineral rights are worth a multiple of three to five times the yearly income produced. For example, a mineral right that produces $1,000 a year in royalties would be worth between $3,000 and $5,000 under the rule of thumb.

nc mineral rights disclosure