Mineral Rights Types - Land Ownership
Understanding surface estate ownership and your rights to the land surface.
Understanding Land Ownership and Surface Rights
Learn about surface estate ownership and what rights you have to the land surface versus mineral rights beneath it.
Table of Contents
Surface Estate Ownership
Key Definition: A person with surface estate ownership owns the land surface but not necessarily the minerals underneath it. The land surface title may be separate from the mineral rights title.
If you have surface ownership only, you have the right to use, sell or lease the land surface but no rights to the minerals beneath it. This is a common situation where property ownership has been divided over time.
What This Means for You
✅ Your Rights
- •You own the surface of the land
- •You can use, sell, or lease the land surface
⚠️ Limitations
- •You do not have rights to minerals beneath the surface
- •You may have restrictions on surface use if mineral rights are owned by others
Common Scenarios
Many landowners find themselves in situations where they own the surface but not the mineral rights. This can happen when:
Previous Sales or Leases
Mineral rights were previously sold or leased to oil and gas companies or other parties.
Inherited Property
The property was inherited with split ownership between surface and mineral rights.
Original Deed Separation
The original deed separated surface and mineral rights, creating different ownership chains.
Questions to Consider
- •Do you know if you own the mineral rights under your land?
- •Have you received offers to lease your surface for mineral exploration?
- •Are you aware of any restrictions on your surface use?
How We Can Help
If you're unsure about your ownership rights or have questions about your surface estate, we can help you understand what you own and what your options are.
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