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The surface estate includes everything above ground, such as the land itself, trees, and buildings. On the other hand, the mineral estate refers to the rights to any resources that may be found below ground, such as oil, gas, and minerals.
Under the traditional common-law rules of severed estates, the mineral estate is considered ?dominant? to the surface estate. The rationale for the mineral estate being dominant was that the ownership of minerals would be meaningless if the mineral owner could not access and extract those resources through the surface.
Landowners 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. What You Should Know about Mineral and Surface Rights on Your Land hallhall.com ? what-you-should-know-about-mine... hallhall.com ? what-you-should-know-about-mine...
Even though the mineral owner may own no part of the surface, courts have ruled that the Mineral Estate is the Dominant Estate. The only way for the mineral rights owner to benefit from mineral ownership is by having the ability to get a well drilled from a surface location down into the hydrocarbon-bearing formation.
The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.
The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals. Chapter 9 SPLIT ESTATES AND SURFACE ACCESS ISSUES wsmtlaw.com ? cms-assets ? documents ? 12... wsmtlaw.com ? cms-assets ? documents ? 12...
Conduct a title deed search at the county records office to find the owner history in the title deed. Follow the history of the property through the chain of owners. This can tell you whether the property or land was ever owned by an oil and gas company. How to Search for Mineral Rights Records - Pheasant Energy pheasantenergy.com ? search-mineral-rights... pheasantenergy.com ? search-mineral-rights...
After a divorce, mineral rights can be transferred by submitting the divorce decree and conveyances to the county (where the minerals are located) for recording. They usually go to the same agency that records titles and property deeds. The county will return the recorded original documents to the new owner. Transferring the Ownership of Mineral Rights - A Quick Guide bluemesaminerals.com ? transfer-mineral-rights-o... bluemesaminerals.com ? transfer-mineral-rights-o...