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Property Ownership Land Use ControlsWater_and_mineral_rightsEASY

A California seller conveys a parcel to a buyer by grant deed. After closing, the seller claims ownership of all oil, gas, and minerals beneath the property. For the seller's claim to be legally valid, what must have occurred at the time of conveyance?

Correct Answer

B) The deed must have contained an express reservation of the mineral rights in favor of the seller

Under California law, a grant deed conveys all rights the grantor holds in the property unless specific rights are expressly reserved in the deed itself. To retain mineral rights after conveying the surface estate, the seller must include an explicit reservation clause in the deed — for example, 'Grantor reserves all oil, gas, and mineral rights.' Without such language, the mineral estate transfers to the buyer along with the surface estate.

Answer Options
A
The seller must have recorded a separate mineral deed before escrow closed
B
The deed must have contained an express reservation of the mineral rights in favor of the seller
C
The seller must have obtained written consent from the buyer to retain subsurface rights
D
The mineral rights automatically remain with the seller unless the buyer pays additional consideration for them

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Related Topics & Key Terms

Key Terms:

mineral_rightsreservationsurface_rightssevered_estateCivil_Code_1105Civil_Code_883_110

Related Concepts

Subdivision regulations are local government rules that control the division of land into smaller parcels for development or sale. They ensure proper infrastructure, lot sizes, and public improvements are provided.

A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.

Wetlands protection refers to federal and state regulations that restrict development on wetlands — areas where water covers the soil or is near the surface for part of the year. The primary federal authority is the Clean Water Act enforced by the Army Corps of Engineers.

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