Download Arizona Mineral Quitclaim Deed Legal Forms
Arizona Mineral Quitclaim Deed Overview
This is a General Mineral Quitclaim Deed used in Arizona for transferring oil, gas, and mineral rights from the grantor (seller) to the grantee (buyer). It's important to note that this document is NOT A LEASE but a transfer of ownership.
Scope of Transfer: The deed encompasses the transfer of all types of mineral rights, including oil and gas, without any exceptions or reservations. The grantor specifies the percentage of mineral rights to be transferred.
Rights and Access: The grantee is granted rights to access the land for mining, drilling, exploration, operation, development of minerals, and activities related to the handling, storage, transport, and marketing of these minerals.
Title and Warranty: The grantor quitclaims the mineral rights, which means they do not guarantee or warrant the clarity or accuracy of the title. The grantee accepts the rights 'as is', meaning they bear the risk of any title defects or 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 Implications: The use of a quitclaim deed is a legally binding process and can significantly affect property rights. It involves filling out, signing, notarizing, and recording the deed form with the County Recorder's Office. Given its permanent effect and potential unintended consequences, it's crucial to seek legal advice to ensure a clear understanding and proper conveyance of intentions.
Caveats: Unlike general warranty deeds, quitclaim deeds in Arizona offer no assurances about the conveyor's ownership of the property or the property's clear title. They only transfer whatever rights the conveyor possesses at the time of the transfer.
(Arizona Mineral Quitclaim Deed Package includes form, guidelines, and completed example)