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How to proceed with - Property deed transfer

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    How to proceed with - Property deed transfer

    I have a small piece of an undivided interest that I want to transfer the existing family heirs.
    I am needing general information on how to proceed with a property deed transfer and costs related. My intent is to only transfer surface acres but retain mineral rights.
    Any guidance is appreciated.

    #2
    You simply need to prepare a deed transferring your undivided interests to the other interest holders. I assume you want to transfer it pro-rata, but that’s your choice. You should specifically exclude the mineral rights. Are you wanting to transfer via a warranty deed or quit claim deed? The latter if they will accept it.

    If you don’t know how, you should get an attorney. A title company can help.

    Comment


      #3
      Costs would be minimal…only the county filing fees unless you use a title company or attorney. You need to ask them their fees.

      Comment


        #4
        PM SabineHunter, he can help and you won’t have to pay a scum sucking lawyer.


        Sent from my iPhone using Tapatalk

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          #5
          Originally posted by The Crippler View Post
          PM SabineHunter, he can help and you won’t have to pay a scum sucking lawyer.


          Sent from my iPhone using Tapatalk
          Good point. Send SH a pm. He can do it for you. Be sure that he gets the legal description correct, describes the mineral rights exclusion correctly, and prorates the taxes. You will need to provide him the grantees correct names not to mention the previous filing references. Not to worry, he can take care of it for you if you don’t want to bend over with a low life, dastardly lawyer who will suck away all your money and still leave you with no deed filed.
          Last edited by Burnadell; 03-17-2022, 09:41 AM.

          Comment


            #6
            Originally posted by Burnadell View Post
            You simply need to prepare a deed transferring your undivided interests to the other interest holders. I assume you want to transfer it pro-rata, but that’s your choice. You should specifically exclude the mineral rights. Are you wanting to transfer via a warranty deed or quit claim deed? The latter if they will accept it.

            If you don’t know how, you should get an attorney. A title company can help.
            No quitclaim deeds, please.

            Comment


              #7
              Originally posted by The Crippler View Post
              PM SabineHunter, he can help and you won’t have to pay a scum sucking lawyer.


              Sent from my iPhone using Tapatalk
              This for sure.

              Comment


                #8
                Above..I have two situations just like this as folks gifted an undivided tract of land to us (keeping mineral rights). It has to be filed with courthouse , so I cannot envision how it could be done without the assistance of a lawyer.

                Just did it again recently where folks did a gift deed (transfer upon death) of the land their home is on (already transferred under lady bird ).
                Proud member since 1999

                Gary's Outdoor Highlight of 2008:


                http://discussions.texasbowhunter.co...highlight=GARY

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                  #9
                  Originally posted by Grayson View Post
                  No quitclaim deeds, please.
                  Listen to this man.

                  Comment


                    #10
                    Talk to a lawyer. Even if its a small piece of property, making sure it is done correctly will save you and your heirs thousands of dollars trying to fix it in the future.

                    Comment


                      #11
                      It cost me $325 to do this. I had a title attorney do it.

                      Comment


                        #12
                        Originally posted by Grayson View Post
                        No quitclaim deeds, please.
                        Originally posted by Muygrande View Post
                        Listen to this man.

                        If I am being asked to transfer my undivided interest, why would I want to provide a Warranty Deed if I can simply provide a Quitclaim Deed, absolving myself of any warranty as to previous title? If I were on the receiving end, I would require a Warranty Deed, but the question is from the Grantor. Why would he want to warranty title if he does not have to? I'm sure my Layman Law Degree printed from my laptop failed to educate me properly.



                        Originally posted by GARY View Post
                        Above..I have two situations just like this as folks gifted an undivided tract of land to us (keeping mineral rights). It has to be filed with courthouse , so I cannot envision how it could be done without the assistance of a lawyer.
                        .
                        I am not suggesting forgoing the use of an attorney; quite the contrary in almost all instances. That said, to file the deed one just needs to take it to the county clerk at the courthouse and have them file it in the deed records.

                        Of course the safest and most prudent way would be to have Sabinehunter handle the whole transaction for you to avoid the scum suckers!

                        Comment


                          #13
                          Thanks all for the info guys.
                          I am contacting existing family heirs this weekend of my intentions.
                          Going to request they pay any fees since I am giving them my undivided interest portion.

                          Comment


                            #14
                            Originally posted by Burnadell View Post
                            If I am being asked to transfer my undivided interest, why would I want to provide a Warranty Deed if I can simply provide a Quitclaim Deed, absolving myself of any warranty as to previous title? If I were on the receiving end, I would require a Warranty Deed, but the question is from the Grantor. Why would he want to warranty title if he does not have to? I'm sure my Layman Law Degree printed from my laptop failed to educate me properly.





                            I am not suggesting forgoing the use of an attorney; quite the contrary in almost all instances. That said, to file the deed one just needs to take it to the county clerk at the courthouse and have them file it in the deed records.

                            Of course the safest and most prudent way would be to have Sabinehunter handle the whole transaction for you to avoid the scum suckers!
                            Because it conveys no warranty, and title companies typically won’t insure a property with a quitclaim in the chain of title. Which means significant problems for sellers down the line.

                            Comment


                              #15
                              Title company handled one for me last year. They charged me $150 to have their attorney write it up and file it with the county.

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