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Mineral Rights

Land Rights In The United States

Land rights in the United States may be total or divided between the surface owner and the subsurface owner.

Generally, subsurface ownership has to do with the monetary value of minerals and other products like coal and oil.

The definition of mineral has changed over the years. This is largely due to surface owners asserting rights not sold to them but upheld by Courts reinterpreting the meetings of the minds of the original parties to reservations.
History
Land ownership goes back to the original discovery of American. Land was purchased from Indians and taken by conquest. It was then additionally subdivided by land grants awarded from England or some other European nation. These were additionally divided and subdivided into large and small farms. As towns and cities were established even smaller parcels were divided out. Deeds were issued and recorded as government offices were created. Ownership of land was kept by the propery owner. As America developed, water, coal, oil, and other minerals came into demand. Those who owned land could develop and sell these or sell off their rights to someone else. Surface owners sold off all the subsurface rights. Since it was not known what all these might be, the generic word "mineral(s)" was used on reservations. The idea was that everything beneath the surface was being sold. The surface owner retained only the right to use it within the meaning of having a home, farming, surface water rights (shallow wells), riparian water rights, and air rights. The subsurface owner had right of entry to excavate, mine, drill, and or otherwise take away all materials that could be marketed and sold.
Location
The value of all property is said to be: location, location, location.
Location determines the surface value and the subsurface value. There is a great variety of minerals in the United States scattered from area to area. Each having a value particular to the location. What may be a mineral in one place may not be found in another because of location. Limestone is found in Florida and Georgia. It has subsurface value to these property owners and is exported to other states. This is the same as minerals of other states shipped to Florida and Georgia which they do not have. In different states what they constitue a mineral may not be correct in another. A mineral properly identified has characteristics different than dirt, soil, sand, clay, and gravel.

Florida Land Rights

Surface & Subsurface Ownership
land-rights001002.jpg land-rights001001.jpg
What surface owner does not have when subsurface rights belong to someone else

1. Right of possession of subsurface reservations.
2. Right of control over subsurface minerals.
3. Right of exclusion from entry to the surface to obtain or take the subsurface minerals etc.
Bundle of rights

  1. Right of possession;
  2. Right of control;
  3. Right of exclusion;
  4. Right of enjoyment;
  5. Right of disposition.