Mineral Rights

Division 2, Part 2, Title 5, Chapter 3 deals with mineral rights for real property in California. Article 1 provides for general provisions.

Section 883.110 defines the term “mineral right.”

Section 883.120 explains that this chapter does not apply to a mineral right reserved to the United States or to an oil or gas lease, mining claim, or other mineral right of a person entitled pursuant thereto. In addition, 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 law.

Section 883.130 provides that 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.

Section 883.140 defines the terms “lessee” and “lessor.” If the term of a mineral right lease has expired or a mineral right lease has been abandoned by the lessee, the lessee is required, within 30 days after demand therefor by the lessor, to 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 is required to execute, acknowledge, and deliver an appropriate instrument or notice of surrender or termination that covers the interest that has expired or been abandoned.

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 court costs and reasonable attorney’s fees in an action to clear title to the lessor’s interest. The lessee will also forfeit to the lessor the sum of $150.