He who owns the land

It is typically a costly process to find out whether someone other than the landowner owns the mineral rights. And perhaps you don't really need to find out. After all, removing underground minerals tends to involve great expense, so a mineral owner probably won't find it worthwhile to remove the minerals unless they are valuable and abundant.

For example, if you live in an area that has not historically seen any oil or natural gas drilling, coal mining, or other mineral extractions, it's not likely that there are many valuable minerals under your land that a mineral owner would bother to remove.

It's even likely that the mineral ownership on your land has not been separated, and that if you own the land, you own the minerals.

Additionally, U. As a result, mineral owners do not typically attempt mineral extraction in highly populated areas. This means that if you live in a city, or an area with many houses on small plots of land, you probably won't need to worry about whether or not you own the minerals under you. In areas where mineral exploitation is common, whether or not you own the minerals under your land might be a real concern.

For example, if your property is in an area where oil rigs are an everyday sight, where natural gas drilling is prevalent, or where coal mining operations exist, if you don't own the minerals under your land, the mineral owner might come calling. A mineral owner's rights typically include the right to use the surface of the land to access and mine the minerals owned.

This might mean the mineral owner has the right to drill an oil or natural gas well, or excavate a mine on your property. The mineral owner is also commonly allowed to build roadways or other improvements necessary to facilitate the mineral extraction. Sometimes the terms of the conveyance of the mineral rights restrict the mineral owner's rights. For example, a mineral deed might put a time limit on how long drilling can continue, or restrict excavation to a certain depth.

Additionally, to protect the land owner and the environment, state and local laws regulating mining and drilling typically contain restrictions on mineral extraction activities. If a mineral owner contacts you about removing minerals under your land, your first step should be to contact a lawyer in your area experienced in mineral law. The attorney can help you wade through this complex area of law and determine who really owns the minerals under your land an arduous process of tracing deeds back to the original mineral reservation or conveyance.

A number of owners might even own the rights to different minerals. Additionally, sometimes mineral royalties the right to profit from the minerals are conveyed separately from the mineral ownership rights. If someone has a valid ownership right, you might not be able to prevent them from removing the minerals.

You can, however, talk with the attorney about how to minimize the removal operations' impact on you and your land. At a minimum, the attorney can take steps to ensure that the mineral owner complies with any and all restrictions and regulations governing the mineral extraction and clean-up process.

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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. If you're sitting on a literal gold mine by virtue of owning land, be sure you're the one who can reap the financial rewards. What Are Mineral Rights?

An owner can separate the mineral rights from land by: Conveying selling or otherwise transferring the land but retaining the mineral rights. This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller. Conveying the mineral rights and retaining the land. In this case, the seller will issue a separate mineral deed to the purchaser of the mineral rights.

Conveying the land to one person and the mineral rights to another. Who Owns the Minerals Doesn't Always Matter It is typically a costly process to find out whether someone other than the landowner owns the mineral rights. When Identifying Who Owns the Minerals Does Matter In areas where mineral exploitation is common, whether or not you own the minerals under your land might be a real concern. The owner has the right to reasonably enjoy16 the flow of the water without diminishing17 the flow of the water or its purity to those further down the channel.

The owner has the right to fish in the water flowing through his land as far as he can reach by normal casting or spinning The owner also has right to the fish once he kills and catches them and they become his absolute property This notion was perhaps true when it was first realised dating back to the medieval times. However with the evolution of science and technology, much has become possible with items such as aircraft, hot air balloons and other things that would not be possible to use if all property stretched from the centre of the earth to the heavens; every aeroplane or helicopter would be trespassing.

It does not hold true. These measurements are not stipulated but it is a rough estimate as it gives the owner the right of space above and below his land from which he can fully benefit from the use his land and use it reasonably for enjoyment. However it was also found that although chattels may be on the owners land he may not own them which may allow them to be recovered by the owner.

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