Main Differences Between Mineral Rights And Surface Rights

Although the surface and its associated rights of a particular tract of land may seem to be linked, they are not.

It may come as a surprise to some property owners who wish to participate (as in making money) through an oil and gas lease that they are not mineral rights owners. Surface owners can be restricted just by who owns the mineral rights. The mineral owner has the power to lease or sell the mineral rights without the surface owners’ consent.

This article will explore some of the issues connected with surface and mineral rights during oil and gas operations.


What are Mineral Rights?


Mineral rights are the ownership of the minerals located beneath the surface of a parcel of land. These include oil, gas, coal, and other valuable minerals. The holder of mineral rights has the exclusive right to exploit those minerals by drilling wells, mining, or other extraction.

What are Surface Rights?


Surface rights are the right to use and enjoy the surface of a property. They include things like the right to graze cattle, grow crops, or erect buildings. The surface rights holder has exclusive control over the surface unless specifically reserved in a deed or lease agreement.

Mineral Rights Vs. Surface Rights


When a property owner sells the surface rights to their land, they are selling the right to use and enjoy the property’s surface. This includes things like the right to graze cattle or erect buildings, as previously mentioned.

When a property owner sells the mineral rights to their land, they are selling the exclusive right to exploit any minerals located beneath the surface. This includes oil, gas, and other valuable minerals.

How Selling Mineral Rights Differs from Selling Surface Rights


The two transactions are very different since the rights conveyed in each sale are different. A property owner who sells their surface rights does not sell the right to exploit any minerals beneath the surface.

Conversely, a property owner who sells their mineral rights sells the exclusive right to exploit any minerals beneath the surface.

This difference can be significant when it comes time to negotiate a lease agreement. The mineral rights owner typically has more leverage in negotiations because the surface owner wants to extract minerals.

Property owners need to understand the differences between their surface and mineral rights to make informed decisions about their property. Selling mineral rights can be a great way to generate income, but it’s important to understand the implications of doing so.

Selling Mineral Rights To Blue Flame Minerals


Are you looking for a way to sell mineral rights? Look no further thanĀ 
Blue Flame Minerals. As a mineral rights buying company, we’re experts in acquiring surface and mineral rights from landowners. If you’re interested in selling your mineral rights, contact one of our team of professionals to help you.

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