San Bernardino California Mineral Owner's Subordination (of Rights to Make Use of Surface Estate)
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FAQ
Retirement: A lot of mineral owners choose to sell during retirement. Many retirees decide to sell to avoid paying taxes each year and to put some cash in the bank. In addition, the sale of mineral rights converts the property into cash which makes estate planning significantly easier.
Many times these subsurface rights are called mineral rights. If an individual owns mineral rights to a tract of land, they are legally entitled to the minerals beneath the surface and may utilize the surface within reasonable perimeters to access the minerals underneath.
Typically, a property conveyance (sale) transfers the rights of both the surface land and the minerals underneath until the mineral rights are sold. Mineral rights are conveyed meaning transferred to a new owner through a deed.
In California, the law allows the owner of real property to recover lost mineral rights provided that the mineral right is dormant for at least 20 years. A dormant mineral right is one where no exploration, mining, drilling or other operations are present on the property.
Remember, the property and the mineral rights are two separate entities. You may have inherited the mineral rights, but you need to know who owns the property if you want to drill. The opposite scenario is to check who owns the mineral rights on the property you inherited.
Mineral Rights Owner- If you are solely a mineral rights owner, you earn the royalties that come from extracting the minerals from the land in question. You do not have control over what occurs on the surface. As the mineral rights owner, you can sell, mine or produce the gas or oil below the surface.
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.
In California, mineral rights can be owned independently from the property. If an individual owns the mineral rights to a piece of land, he has a legal right to the minerals beneath the surface. The right's owner can access the minerals using any reasonable perimeters.
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.