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If you own surface rights, you are allowed to sell or transfer title to the land surface, but you may not sell or lease your property to an oil, gas, or mining company for exploration or extraction. Those rights do not legally belong to you.
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.
Surface Lease means a lease, easement, or other agreement providing the holder with the right to enter the surface of any land for the purpose of constructing and operating a well, facility, flowline, roadway, or power line; Sample 1.
Mineral rights are ownership rights that can be sold separately from a property's surface rights. Property owners typically own both surface and mineral rights, creating a unified estate. This means if you find gold or oil on your property, you own it and can profit from it.
Subsurface rights usually include the right to oil, minerals and even water that's found beneath the land's surface. Like surface and air rights, subsurface rights can be bought, leased or sold alone.
What is the difference between subsurface and surface rights? Subsurface rights refer to the minerals, oil, and gas beneath the surface of the land. Surface rights refer to the right to use and occupy the surface of the land. The surface estate owner may or may not also own the subsurface estate.
(b) ?Subsurface rights? means the rights to all minerals, mineral fuels, and other resources, including, but not limited to, oil, gas, coal, oil shale, uranium, metals, and phosphate, whether or not they are mixed with any other substance found or located beneath the surface of the earth.