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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 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.
Surface rights and mineral rights are two distinct types of property rights. Surface rights refer to the right to own and use the surface of a piece of land, while mineral rights refer to the right to extract minerals and other resources that are found beneath the surface.
By law, in the United States, the rights to exploit and extract natural resources, such as precious minerals, oil, and natural gas, can be owned and transferred independent of the conveyance of the land. ingly, you can sell real property but retain ownership of all natural resources.
A mineral deed is just like a warranty deed, accept it only transfers the minerals in the sub surface of a property. A warranty deed can be used transfer both the surface, and mineral rights. But a mineral deed can only be used to transfer the minerals.
Mineral rights are the rights to underground resources including oil, natural gas, gold, silver, copper, iron, coal, uranium, and other minerals. Sand, gravel, limestone, and subsurface water are not considered mineral rights and typically belong to the surface rights holder.
A lawful warranty deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property.
The rule gives priority to the granted interest over the reserved interest. For example, let's say that John owns a piece of land and wants to sell a 50% interest to Jane. However, John mistakenly sells a 100% interest to Jane. Later, John tries to sell the remaining 50% interest to Bob.