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In the United States, mineral rights are typically owned by the landowner unless they have been sold or leased to another party. When a landowner retains mineral rights, they hold the legal entitlement to extract minerals from beneath the surface. Understanding these rights is crucial, especially in relation to Hennepin Minnesota Subordination of Surface Rights Agreement (Subordination by Mineral Owner), as it can influence property values and land use decisions. If you're unsure about your situation, consider using uslegalforms to find a solution that clearly outlines your rights.
Surface rights refer to the ability to control the surface of the land. A person who owns surface rights to a tract of land may build on it, plant and sell crops and timber, use the surface water, lease the land, or sell it.2
(a) before the lapse of the interest in minerals to which the claim applies is void 6 years after the statement of claim is recorded if the interest in minerals does not lapse within that 6-year period.
1. Surface rights include any structure on the property. Surfaces rights are the rights to the surface area of a piece of land as well as any structures on the property. Surface rights also include farmland or above-ground resources like trees, plants, or water.
Mineral rights don't come into effect until you begin to dig below the surface of the property. But the bottom line is: if you do not have the mineral rights to a parcel of land, then you do not have the legal ability to explore, extract, or sell the naturally occurring deposits below.
A property owner with mineral rights may explore, extract, and sell natural deposits found underneath the land surface. But surface rights only refer to exclusive rights to all physical property on the land.
The State Land Board owns approximately 1.2 million acres of mineral estate where the surface estate above is owned by another party (?split? or ?severed? estate). Under Colorado law, the mineral estate owner is granted rights to access their mineral ownership, even if the surface is owned by another party.
Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.
Ownership types Surface rights owners own the surface and substances such as sand and gravel, but not the minerals. The company or individual who owns the mineral rights owns all mineral substances found on and under the property. There are often different surface and mineral owners on the same land.
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 but retaining the mineral rights.