Understanding the difference between owning the land and owning what's beneath it.
Get Your Free Mineral Rights ValuationWhen most people think about owning property, they picture the land itself—the house, the yard, the fields. But property ownership actually involves multiple layers, both above and below the surface.
In oil and gas producing states, the distinction between surface rights (ownership of the land surface) and mineral rights (ownership of subsurface resources) is critically important. These two types of ownership can be—and often are—held by different people.
Ownership of the land surface including:
Buildings and structures
Crops and vegetation
Water rights (in many states)
Right to use the land
Ownership of subsurface resources including:
Oil and natural gas
Coal, metals, ores
Right to lease for development
Right to receive royalties
A split estate occurs when mineral rights and surface rights are owned by different parties. This is extremely common in states with significant oil and gas production.
Deed reservations: Previous owners sold land but reserved minerals
Mineral conveyances: Previous owners sold or gifted minerals separately
Federal/state patents: Government land grants sometimes reserved minerals
Railroad grants: Historic railroad grants often retained subsurface rights
Important: When buying land, don't assume you're getting the minerals. Always check the deed for mineral reservations or exceptions.
Legally, the mineral estate is considered dominant over the surface estate. This means mineral owners have implied rights to use the surface to access and develop their minerals.
Mineral owners can enter the property to explore and drill
Operators can build roads, drill pads, and install equipment
Surface owners cannot unreasonably block mineral development
The dominance is not absolute. Mineral development must be conducted reasonably:
Use only as much surface as reasonably necessary
Many states require surface damage agreements
Compensation may be required for damages
Modern practices minimize surface impact
If you're unsure whether you own mineral rights, here's how to find out:
Review your deed: Look for language about minerals, reservations, or exceptions
Trace the chain of title: Review prior deeds for mineral severances
Visit the county courthouse: Deed records are public information
Hire a landman: Professionals can research title for you
Consult an attorney: For complex ownership questions
Key phrases to watch for: "subject to," "excepting and reserving," "reserving unto grantor," "less and except all minerals" all indicate a mineral reservation.
You can lease to oil companies
You receive bonus and royalty payments
You can sell your minerals separately
Your rights pass to heirs
You control surface land use
You may negotiate surface use agreements
You may receive surface damages
Cannot block reasonable mineral access
Whether you own minerals separate from surface or together, we can help you understand your options.
Get Your Free ValuationMineral rights grant ownership of underground resources like oil, gas, and minerals. Surface rights grant ownership of the land surface itself. In many states, these can be owned separately—a situation called a "split estate." The surface owner controls the land, while the mineral owner controls what's beneath it.
Yes. In a split estate, someone other than the surface owner can own the mineral rights. This commonly occurs when a previous landowner sold the surface but retained the minerals, or vice versa. The mineral estate and surface estate are separate legal interests that can have different owners.
A split estate occurs when mineral rights and surface rights are owned by different people. This is common in oil and gas producing states. The mineral estate was often severed from the surface estate decades ago through deed reservations. Both estates can be bought, sold, or inherited independently.
Generally, yes. The mineral estate is considered "dominant," meaning mineral owners have the right to reasonably use the surface to develop their minerals. However, this right must be exercised reasonably, and many states now require surface damage agreements or compensation to surface owners.
Check your deed and prior conveyance documents. Look for mineral reservations or exceptions. If your deed says 'subject to' or 'excepting and reserving' mineral rights, you may not own the minerals. A title search at the county courthouse can definitively establish mineral ownership.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Property and mineral laws vary by state. Consult with a qualified attorney for specific questions about property ownership in your jurisdiction.