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There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals.
In Texas, the mineral estate is considered separate and distinct from the surface estate. This means that the mineral estate can be bought and sold separately from the surface estate. The mineral estate owner has exclusive rights to any and all minerals located beneath the land's surface.
Mineral rights are automatically included as a part of the land in a property conveyance, unless and until the ownership gets separated at some point by an owner/seller. An owner can separate the mineral rights from land by: Conveying (selling or otherwise transferring) the land while retaining the mineral rights.
Surface rights refer to the legal rights and privileges associated with the use, control, and ownership of the surface of a piece of land or property. These rights typically include the ability to occupy, build, develop, and make use of the land's surface for various purposes.
Mineral Rights in Louisiana ? Lease, Buy and Sell. Mineral and surface rights come with land ownership. They are related but different, in the sense that when a person purchases land, they may own everything above and below the ground or only above the ground.
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.
To determine mineral rights ownership in Texas, you can start by researching property records, deeds, and historical documents at the county clerk's office or online databases. Legal professionals specializing in mineral rights can also assist in this process.
It is common when mines and minerals are severed from the title that additional ancillary rights are also granted to the mineral owner including the right to work the minerals. Without such rights there would be no way to access the minerals and extract them.