How to Transfer a Deed for Oil Rights

Transfer real esate or oil rights by deed.

A deed is a legal document whereby a person or entity (the "grantor") transfers legal title in real property to another (the "grantee"). In most cases, subsequent transfers are also accomplished by deed. The deed typically involves the transfer of both surface rights and mineral rights, such as oil rights, but the deed will also reflect any rights retained by the grantor and not transferred to the grantee. Similarly, transferring a deed of oil or other mineral rights is also accomplished by deed.

Things You'll Need

• Deed form

Instructions

1. Check state and local law for any special requirements for deeds transferring oil and mineral interests, or consult an attorney in your state experienced in real estate law.

2. Determine what property or interest in the property will be transferred. A complete legal description of the property or interest is required and can be obtained from the deed wherein the grantor obtained title.

3. Gather the full legal names and addresses of all grantors and grantees.

4. Gather any additional information required by state and local law to be contained in the deed.

5. Obtain a deed form appropriate for the state in which the transferred property is located. Appropriate forms may be obtained from the state's bar or real estate associations or from an online service like Legal Zoom.

6. Prepare the deed using the form as a guide or completing appropriate blanks. Consult an attorney if forms are not readily available or if you have any questions regarding the deed preparation.

7. All grantors must sign the deed before a Notary Public.

8. Record the signed deed in the local deed registry.

Tips & Warnings

• A local real estate agent, attorney or related state organization may have appropriate forms available free of charge or for a nominal fee.

• Deeds and other title documents may contain unfamiliar language, so consult a legal dictionary.

• A grantor may only transfer property owned by the grantor. However, the grantor may also transfer a lesser interest than what is owned. For example, a grantor may transfer 50 percent of his interest in oil rights and retain 50 percent. Conduct a thorough title examination, because retained rights are not always reflected in subsequent deeds.

• Real property transfers are governed by individual state laws, so always check state and local laws and consult an attorney.

• Be wary of software or form services that claim to produce forms legal in all states.

References

• Legal Zoom: Real Estate Deed Transfer
• The Free Dictionary: Definition of Deed

Resources

• Find Law: Forms