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Mineral rights are those rights that give a person/business the legal right to explore, remove and sell natural resources found beneath the soil surface. These resources include oil, natural gas, gemstones, coal, precious stones and metals.
Selling means that you can receive a large cash payment upfront, regardless of minerals found on your land. A company who leases your land may deplete the mineral supply substantially before returning the land back to you. Selling reduces overall risk of handling mineral rights.
In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose.
In the United States, mineral rights can be sold or conveyed separately from property rights. As a result, owning a piece of land does not necessarily mean you also own the rights to the minerals beneath it. If you didn't know this, you're not alone.
A property owner with mineral rights may explore, extract, and sell natural deposits found underneath the land surface. But surface rights only refer to exclusive rights to all physical property on the land.
Since mineral rights can be sold separately from the land itself, even if you own the land, someone else may hold ownership of what's below it. And because of the intrinsic value of what's below the surface, the land itself may come with a price tag much higher than otherwise seen in the area.
Subsurface rights, also known as mineral rights or subsurface interests, refer to the legal rights and privileges associated with the ownership, exploration, extraction, and utilization of resources found beneath the surface of a piece of land or property.
To own oil or any other mineral coming from your land, you must have mineral rights in addition to your property rights. In other countries, the government has a sovereign claim over all mineral rights. In the United States, private individuals can own mineral rights, unless already reserved by the government.