Who Owns the Mineral Rights on My Property?

mineral rights for propertyKnow who owns the mineral rights on your property when talking to gas and oil companies. When buying a new home, find out if you own the mineral rights.

Q: How can it be legal for gas and oil companies to drill under my daughter’s property without her permission? In my mind, that is the same as trespassing and theft.

I know they say if enough of your neighbors sign to allow fracking, companies will have the right to go on your land and take your minerals as well. To me, that would be the same as if your neighbors allow people to hunt on their land, they would have the same right to do the same on your land even without your permission.

A: You pose an interesting question. However, especially in western states, many land deeds reserve the mineral rights, so the seller of the real estate retains those rights. What we’re saying is if your daughter purchased a piece of real estate, it’s likely that her purchase didn’t include the mineral rights.

Your daughter should check the deed of conveyance for her title and see if the mineral rights were included or excluded. If they were excluded from the sale many years ago, she might find that her specific deed only conveyed the interest that her seller had in the property but that early last century (or sometime in the past) the original developer or owner of the land reserved the mineral rights and that those mineral rights were sold to an oil and gas company, perhaps decades ago.

If the mineral rights were sold off, the owner of the mineral rights would have the right to exploit those rights subject to your daughter’s rights to use her home. In other words, the oil or gas company might not have the right to do anything on daughter’s land that would deprive her of her use, damage her home or take any action that would force her to move from the home.

But if the company is taking reasonable means to remove those mineral rights and the removal if for all practical purposes invisible to her, she probably does not have a right to object.

Obviously, if your daughter has a specific issue with regard to the removal of mineral rights, she might have to talk to a lawyer who has more information about the mineral rights and removal laws in her state.

If it turns out that your daughter owns the mineral rights, the question then becomes whether she should be compensated by the company exploiting those rights on her property. Frankly, mineral rights can get complicated and you might have a different resolution in different locations. Along with water rights, if she has a specific question, your daughter should talk to a mineral rights lawyer.

Developers have been successful over the years separating out various types of rights. For example, while it makes sense that you would be king of your castle and own the land, what’s on the land and what’s below, that isn’t how it generally works out. Air rights and water rights are commonly reserved when property is sold. Even then, the air rights might only be for a few hundred feet above your property. No one, other than a government, can control what happens 30,000 feet above your roofline.

Only this is true: Ownership rights are not absolute, even when it comes to the ownership of land.

Your daughter should find the deed to her property and determine if the mineral rights, or any other rights, were excluded. If they were excluded, an attorney can explain that others can and will remove those mineral right from her land without getting her permission.


Rate This Article
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...Loading...
Related Topics
, .
View our other articles that are related to this post.

© Ilyce R. Glink. All rights reserved. This content may not be used, distributed, syndicated, compiled or excerpted in any medium or form without written authorization from Think Glink, Inc. For information on syndicating ThinkGlink.com please contact us.

5 Responses to Who Owns the Mineral Rights on My Property?

  1. “It was a good performance today and the obvious targets for her now are the Nassau and the Prix de l nothing for her at Ascot unless we came back to a mile for the Windsor Forest and that probably wouldn be the most sensible thing to do.

  2. Post茅 par cathypatc 脿 17:30 Sac 脿 cadeaux Commentaires [9] Permalien []En r茅sum茅 :des olives de Nyons (26),des nougats de Mont茅limar,un sac tricot fait main ,un fat de tissu,une bobine de fil,des boutons (un peu cach茅 derri猫re le fat), le magazine magic patch pour lui faire d茅couvrir le patchwork !!! et le joli carnet de route (que vous ne pouvez pas voir) car j’ai du l’habiller 脿 cause de ces salet茅s d’茅tiquettes codes barres qui ne se d茅collent pas.

  3. On la trouve o霉?G茅n茅rale dans le Qu茅bec, elle est tout de m锚me plut么t rare. On la trouvera dans les m锚mes habitats que le bleuet, sur les rochers de nature siliceuse ou dans les clairi猫res des for锚ts de conif猫res.

  4. Effectivement, dés le lendemain de l’opération, j’ai ressenti une vive douleur dans la jambre droite, j’avais l’impression que l’on me serrait les hanches dans un étau, cuisse douloureuse et chaude et mollet). Depuis, je ne fait plus que 100 m de marche avant de m’assoir et attendre., engourdissement, crampes, douleur nocturne) Pour les taches ménagères c’est l’horreur. La seule position ou je suis à peiu prés bien c’est assise, debout et couchée je souffre.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>