This Deed Reserving all Mining and Mineral Rights is made between a transferor and a
transferee whereby the transferor transfers and assigns all of its right, title and interest
in and to certain lands save and except for the right to mine and any minerals located on
the lands. A transferor has the right to reserve all or any part of mineral rights from his
or her transfer. This deed expressly reserves the exclusive right to all surface and
subsurface minerals, specifically oil and gas. The transferor may use all reasonably
necessary means for prospecting, exploring, and developing of the minerals. This
document sets forth the template of the information that should be included in this type
of deed, and may be customized to fit the specific needs of the contracting parties.
DEED RESERVING ALL MINING AND MINERAL RIGHTS
THIS INDENTURE (the “Indenture”), made the _____ day of ________, 2____ [Instruction:
Insert Date], by and between _______________ [Instruction: Insert Name of Grantor] (the
AGrantor@), _______________ [Instruction: Insert Address] and _______________
[Instruction: Insert Name of Grantee] (the AGrantee@), _______________ [Instruction:
Insert Address].
1. For and in consideration of the sum of __________________ Dollars ($_______)
[Instruction: Insert Amount] paid to the Grantor, the receipt of which is hereby acknowledged,
the Grantor has bargained and sold, and by this Indenture does grant, transfer and convey unto
the Grantee, its successors and/or assigns, jointly and severally, the certain rights described
herein to a certain tract of property in County of __________________ [Instruction: Insert
County], State of __________________ [Instruction: Insert State], as further described in
Schedule “A” attached hereto and incorporated herein (the “Property”).
2. The Grantor hereby grants and conveys to the Grantee all of the Grantor’s right, title and
interest in and to the Property, excepting, excluding and reserving to Grantor all surface and
subsurface minerals (including but not limited to zinc, coal and phosphate), mineral substances,
metals, ore, ore-bearing materials, and rock of every kind (the “Minerals”), but specifically
excluding oil and gas.
3. The Grantor further reserves the exclusive right to exercise all reasonably necessary means
for the prospecting, exploring, and developing of the Minerals, including, but not limited to:
A. the right of free, uninterrupted and unobstructed ingress and egress for the Grantor, its
servants, agents, workmen, vehicles, supplies and equipment at all times and for all purposes and
all things necessary for or incidental to the exercise and enjoyment of the rights hereby
transferred, including but not limited to the right to construct a road on the Property;
B. the right to trim, fell and remove any trees and brush, or any other obstacles either
overhead or underground, upon, over, under, along or across the Property;
C. the right to construct and/or bring upon the Property, buildings, tools, cross-ties, steel
rails, fixtures, equipment, machinery and personal property of all types used in the exercise of
the rights and interests herein granted, and such items and personal property shall not be deemed
to belong to the Grantee, but shall be deemed to continue to be, and remain, the property of the
Grantor, its successors and assigns; and
D. the right to conduct Grantor’s mining operations in any manner that Grantor deems
advisable, provided that no open pit mining shall be allowed, and that Grantor complies with all
applicable laws.
4. The Grantee agrees not to erect any buildings, structures or improvements on the Property or
to plant any trees or plantings, or to make any change whatsoever in the grade level, drainage or
elevation of the Property, without the written consent of the Grantor.
5. The parties covenant and agree that, except as otherwise provided in this Indenture, each
party shall be responsible for any and all damage caused to the Property as a result of said party’s
own negligence (including the negligence of the parties’ respective agents, employees and
designees).
6. This Indenture and everything contained herein shall extend to and include the parties hereto,
and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF the parties hereto have executed this Indenture.
GRANTOR:
________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
GRANTEE:
________________________________ [Instruction: sign]
By: ___________________________