I am purchasing a new property. Are the mineral rights included? The specific language in a property’s prior conveyances, known as the chain of title, dictates whether the rights to the minerals are included in the purchase. As clearly disclaimed in the Colorado Contract to Buy and Sell Real Property, buying a property does not … Continue Reading
Can I keep my mineral rights? Yes. The general rule of thumb is that minerals run with the land so the mineral ownership and rights to existing royalty payments (if any) pass with the land to the new owner. A landowner must actively reserve or convey the minerals to avoid passing them to a new … Continue Reading
They want to drill on my property and they own the mineral rights. Is there anything I can do to minimize the impacts?Property owners in Colorado often ask this question when they own the surface rights but not the mineral rights. While they may feel powerless, they do have enforceable rights and can take steps to … Continue Reading
Owner purchased Black Acre in 1987 for $60,000 from Seller. Seller conveyed Black Acre to Owner through a general warranty deed. Seller paid for a title policy. The title company which issued Owner’s policy did not find a recorded mineral reservation against Black Acre and therefore failed to show the mineral reservation as an exception … Continue Reading
