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Laws. The federal law governing locatable minerals is the Mining Law of 1872 (), which declared all valuable mineral deposits in land belonging to the United States to be free and open to exploration and purchase.
Surface rights determine who owns the rights to the surface of the land, while mineral rights determine who has the right to mine the minerals below the surface of the property. Mineral rights include oil and natural gas resources. Mineral rights can be completely separate from land rights.
A solid black circle on your property indicates that you own the mineral rights; a half circle means that the Crown or a third party owns them. A title search at the land registry will also confirm separation of mining and surface rights.
In Saskatchewan, minerals are either publicly owned Crown - Government of Saskatchewan or privately individuals or businesses. Title information for minerals owned by the Crown are available through the Ministry of the Economy - energy titles.
A mineral right may include all metallic, non-metallic, and energy minerals (including oil and gas) as well as geothermal resources, or may specify/exclude some particular types of minerals (for example, limit mineral ownership to just the metallic and non-metallic minerals, or exclude ownership to the sand and gravel) ...
WHO OWNS THESE MINERAL RIGHTS? In Canada, property owners generally hold the surface rights, while mineral rights are usually owned by the provincial government.
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.
Whether you have an offer on the table or not, you may have good reasons to sell your mineral rights: To pursue other opportunities. If you have a nonproducing property, you might have to wait years for anything to happen ? and nothing may ever happen, even after multiple leases.