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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. Many property owners do not understand mineral rights. Who Owns the Minerals Under Your Property | Nolo nolo.com ? legal-encyclopedia ? who-owns-... nolo.com ? legal-encyclopedia ? who-owns-...
The ownership of rights to minerals, including oil and gas, contained in a tract of land. A mineral right is a real property interest and can be conveyed independently of the surface estate. mineral rights | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? mineral_rights cornell.edu ? wex ? mineral_rights
Mineral rights are a form of real property, and they are governed by the same principles of marital property law as other real estate. If the mineral rights were owned before marriage, they are separate property.
What Are Mineral Rights? Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.
Dominance of Mineral Estate This means that the owner of the mineral estate has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development, and production of the oil and gas under the property. Oil & Gas Exploration and Surface Ownership texas.gov ? about-us ? faqs ? oil-gas-exp... texas.gov ? about-us ? faqs ? oil-gas-exp...
However, since mineral rights are a severed portion of the land rights themselves (they're separated from the land's "surface rights" and sold separately by deed, just like the land itself), they are usually considered real property.
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...
By statute and case law, mineral properties are taxable as real property and are subject to the same laws and appraisal methodology as all real property in the state.