What Is Subsurface Rights

If you want to sell the mineral rights to another person, you can transfer them by deed. You will need to create a mineral deed and have it recorded. You should check with the county Recorder of Deeds in the county where the land is located and ask if a printed mineral deed form is available to use.

Why are subsurface rights considered dominant over surface rights?Because owners of subsurface rights must have access to the surface of the property for the placement of such things as drilling or pumping rigs.

Subsurface rights are the rights to extract minerals from below the surface of the land.

You can retain your mineral rights simply by putting an exception in your sales contract, provided that the buyer agrees to it, of course. If you sell your house with no such legal clarification, then those mineral rights automatically transfer to the buyer.

Ruth Hersh, Real Estate Agent EXIT Success Realty. Owner of land allowing another to use space under the ground, such as to install a sewer or gas line.

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.Conveying (selling or otherwise transferring) the land but retaining the mineral rights.

Like land, mineral rights are conveyed through a deed transferring ownership to the buyer. While the property deed will reference the mineral rights transfer at the time of the separation of land and mineral rights, subsequent sales of the land will not.

Subsurface rights are the right to the earth below the land, and any substances found beneath the land's surface.Subsurface rights usually include the right to oil, minerals and even water that's found beneath the land's surface. Like surface and air rights, subsurface rights can be bought, leased or sold alone.