Mineral rights

Mineral rights provide you the right to explore, develop, and exploit minerals beneath the surface of a piece of land. The owner of a mineral interest can mine hard rock minerals like gold or copper, drill an oil and gas well, or surface mine coal.

4 types of mineral rights

While landowners traditionally controlled land from the center of the earth to the skies above, royalty has historically claimed ownership of minerals through the division of the mineral and surface estates. Separating mineral rights on a property from the parcel of land is becoming common practice.

Mineral rights are divided into four categories:

  1. Surface Rights – Surface rights only give you ownership of the minerals on the surface. Rights to minerals in the subsurface are not included.
  2. Mining Interests – Various sorts of mineral interests allow ownership of underground mineral rights. Royalties, leases, and shut-in payments are available to subsurface rights owners. Shut-in payments are royalties paid by an oil and gas company to the lessor in order to keep a lease on currently unprofitable mineral properties.
  3. Royalty Rights – An oil and gas royalty rights owner is a person who invests in mineral rights and receives a regular stream of royalty payments. As the minerals are generated on the leased property, the owner receives a portion of the income.
  4. Oil and Gas Rights – Due to the fluidity of oil and gas, mineral rights cannot be established by a specific well or geographic area. Oil flows easily across faults and joints, allowing reserves to expand to the subsoil of nearby parcels of land. Fugitive resources are fluid minerals that flow between properties and can be mined from any property under which they move. The “rule of capture” refers to this right. You have a right to all the oil you extract if you have the mineral rights to drill a well on Mike’s land, even if the oil is pulled from Alex and Jane’s surrounding holdings.

Where can I buy mineral rights?

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