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Mineral rights can be separate from property ownership (see Split estate). Mineral rights can refer to sedentary minerals that do not move below the Earth's surface or fluid minerals such as oil or natural gas. [1] There are three major types of mineral property: unified estate, severed or split estate, and fractional ownership of minerals. [1]
The Mineral Leasing Act of 1920 30 U.S.C. § 181 et seq. is a United States federal law that authorizes and governs leasing of public lands for developing deposits of coal, petroleum, natural gas and other hydrocarbons, in addition to phosphates, sodium, sulfur, and potassium in the United States.
Major points in a lease include the description of the property, the term (duration), and the payments to the lessor. [6] Lessees of mineral rights have a right of reasonable access to leased land to explore, develop, and transport minerals, [7] unless the lease specifies otherwise (a "no-surface access" lease).
The disposition of mineral rights is rarely explained to buyers before or during closings, real estate professionals say, and title searches don't always pick up the information, either.
The broad form deed is based on the premise of severing the surface and mineral rights of property. The precedence of this idea comes from English legal theory. [2] In this theory the King retained rights to various minerals on landowners estates for the purposes of maintaining the operations of the country and as such the King had authority to mine for those minerals. [2]
Aug. 20—Boulder County has received a letter from Extraction Oil and Gas threatening to seek a statutory pooling order if the county does not lease mineral rights for a Weld County drilling project.
Mineral rights on Indian lands. As part of its trust responsibilities, the BLM provides technical advice for minerals operations on 56 million acres (230,000 km 2) of Indian lands. [67] Leasing and Land Management of Split Estates. A split estate is similar to the broad form deeds used, starting in the early 1900s. It is a separation of mineral ...
An aspect of property law that is central to mining law is the question of who "owns" the mineral, such that they may legally extract it from the earth. This is often dependent on the type of mineral in question, the mining history of the jurisdiction, as well as the general background legal tradition and its treatment of property.