Navarre, FL asked in Energy, Oil and Gas and Real Estate Law for Florida

Q: We recently purchased some FL property (warranty deed) & when I inquired if the sale included the mineral rights

I was told "that would be a separate deed" (what does that means). My question is in the State of Florida do mineral rights automatically transfer to the seller unless specifically excluded? Or are they required to be specifically included? Finally, would the exclusion/inclusion be annotated in the Warranty Deed?

2 Lawyer Answers
  • Santa Rosa Beach, FL
  • Licensed in Florida

A: The question regarding mineral rights, especially in the Santa Rosa County area, runs deep. (A little pun intended). Your question is dependent upon title records and a thorough review thereof. Also, there is just simply no way to give a general answer to a question like this. You need to retain a local real estate attorney to research the issue with a mineral rights search.

Good Luck,

  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 715.06 provides as follows:

"Where title to the surface of real property and title to the subsurface and minerals on or under such real property is divided into different ownerships, then the surface owner and her or his heirs, successors, and assigns shall be entitled to explore, drill, and prospect such real property, including the subsurface thereof, for all minerals except oil, gas, and sulphur without being liable to the owners of the minerals, or any party or parties claiming under such owners, for any damages or for the value of such minerals, as it is usual by customary prospecting methods and procedures to take from such land for the purpose of analyzing and determining the kind and extent thereof."

I would interpret this to mean that mineral rights transfer to the BUYER unless excluded.

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