2009 California Civil Code - Section 883.110-883.140 :: Article 1. General Provisions

CIVIL CODE
SECTION 883.110-883.140

883.110.  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.

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) 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.

883.130.  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.

883.140.  (a) As used in this section:
   (1) "Lessee" includes an assignee or other successor in interest
of the lessee.
   (2) "Lessor" includes a successor in interest or heir or grantee
of the lessor.
   (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) 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) 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.


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