In Utah, mining claims and mineral rights can be severed from surface rights. What does this mean for a property buyer?
Correct Answer
B) The seller may have previously sold or reserved mineral rights, and the buyer may own only the surface
In Utah, mineral rights can be severed from surface rights through a deed or reservation. A property buyer may acquire only the surface rights while a prior owner, mining company, or the federal government retains the mineral rights. Buyers should always conduct a title search that specifically examines mineral right ownership.
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Related Topics & Key Terms
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Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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