A California property owner executes a grant deed conveying a parcel of land. The deed contains no language reserving or excluding mineral rights. Under California law, what is the legal presumption regarding the mineral rights?
Correct Answer
A) The mineral rights transfer to the buyer along with the surface rights
Under California Civil Code §1092 and §1113, a grant deed is presumed to convey the grantor's entire interest in the property unless specific interests are expressly excepted or reserved in the deed. Because mineral rights are part of the fee simple estate, they pass to the grantee along with the surface rights when the deed is silent on the matter. A seller who wishes to retain mineral rights must include an express reservation in the deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
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