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The Mineral Leasing Act for Acquired Lands of 1947 (30 U.S.C. §§ 351 et seq.) extended the mineral leasing laws (the Mineral Leasing Act, etc.) to all lands acquired by the United States. The Act allowed the United States to maintain title to the land and establish lease terms for all minerals found on acquired land.
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.
To locate your mineral rights records, begin at the county recorder's office. The legal description of the property should be in county deed books. You can specifically search the book and page where the property is located if you have a take-off.
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.
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.
The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.
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.
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.