As used in this chapter, “mineral right” means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights.
Article 1General Provisions
Section § 883.110
A 'mineral right' is any interest in minerals, no matter the type or form, and can include rights given or reserved, such as ownership of the minerals, renting them, or gaining royalties from them. This also covers related rights to use the surface land, whether these are specifically stated or just understood as part of having the mineral rights.
mineral right interest in minerals fugacious nonfugacious organic minerals inorganic minerals grant reservation royalty leasehold appurtenant surface rights fractional interest corporeal incorporeal express or implied rights
Section § 883.120
This law section says that the rules outlined in this chapter do not apply to certain mineral rights. Specifically, it excludes mineral rights reserved by the United States, like those from federal laws or certain leases. It also doesn't apply to mineral rights of the state, local public entities, or others, as detailed in another section, 880.240.
(a)CA Civil Law Code § 883.120(a) This chapter does not apply to a mineral right reserved to the United States (whether in a patent, pursuant to federal law, or otherwise) or to an oil or gas lease, mining claim, or other mineral right of a person entitled pursuant thereto, to the extent provided in Section 880.240.
(b)CA Civil Law Code § 883.120(b) This chapter does not apply to a mineral right of the state or a local public entity, or of any other person, to the extent provided in Section 880.240.
mineral rights federal mineral reservation oil lease gas lease mining claim United States patent federal law exceptions state mineral rights local public entity mineral rights
Section § 883.130
This section clarifies that the rules in this chapter don't change or interfere with the usual ways of handling abandoned mineral rights through common law or other legal processes used to remove these rights from property titles.
Nothing in this chapter limits or affects the common law governing abandonment of a mineral right or any other procedure provided by statute for clearing an abandoned mineral right from title to real property.
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Section § 883.140
If you're renting out rights to minerals, like oil or gas, on your land, this law explains what you must do if the lease ends or the renter gives up the rights. Basically, the renter (or their successors) must sign over and return all their interests in these mineral rights to the landowner, usually within 30 days after being asked. If they don't, they're responsible for any financial losses to the landowner, must cover legal costs, and pay a $150 fine. You don't even have to ask for these documents to still pursue legal action to regain your rights.
(a)CA Civil Law Code § 883.140(a) As used in this section:
(1)CA Civil Law Code § 883.140(a)(1) “Lessee” includes an assignee or other successor in interest of the lessee.
(2)CA Civil Law Code § 883.140(a)(2) “Lessor” includes a successor in interest or heir or grantee of the lessor.
(b)CA Civil Law Code § 883.140(b) If the term of a mineral right lease has expired or a mineral right lease has been abandoned by the lessee, the lessee shall, within 30 days after demand therefor by the lessor, execute, acknowledge, and deliver, or cause to be recorded, a deed
quitclaiming all interest in and to the mineral rights covered by the lease. If the expiration or abandonment covers less than the entire interest of the lessee, the lessee shall execute, acknowledge, and deliver an appropriate instrument or notice of surrender or termination that covers the interest that has expired or been abandoned.
(c)CA Civil Law Code § 883.140(c) If the lessee fails to comply with the requirements of this section, the lessee is liable for all damages sustained by the lessor as a result of the failure, including, but not limited to, court costs and reasonable attorney’s fees in an action to clear title to the lessor’s interest. The lessee shall also forfeit to the lessor the sum of one hundred fifty dollars ($150).
(d)CA Civil Law Code § 883.140(d) Nothing in this section makes a quitclaim deed or other instrument or notice of surrender or termination, or a demand therefor, a condition precedent to an action to clear
title to the lessor’s interest.
mineral rights lease expiration quitclaim deed surrender of interest lessee obligations lessor rights damages recording deeds abandonment clear title court costs attorney's fees action to clear title interest transfer successor in interest
