Fights can come when the owner of the “mineral rights” is different than the owner of the “surface rights”. 

Some definitions:

  • Mineral Rights: refer to the ownership of the minerals found beneath the surface of land. These include oil, gas, coal, and other minerals.
  • Surface Rights: refer to ownership of the land’s surface, including everything above ground like buildings and crops.

The Tension:  the owner of the mineral rights can access and extract the minerals from the surface without the permission of the surface owner unless it causes surface damage.

If you own the surface rights but not the mineral rights, you have limited control and prevention of the extraction of minerals from your land.

Exceptions exist to these general ideas so it may be helpful to give us a call if you are purchasing land; about to sign a mineral lease; own land but no minerals; or need clarification of these rights.

Feel free to CONTACT US TODAY for any needed guidance.