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When mineral rights have been severed from the surface rights (or property rights), it is referred to as a "split estate." In a split estate, the owner of the mineral rights has the right to develop those minerals, regardless of who owns the surface rights. This is because in United States law, mineral rights trump surface rights. [5]
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.
In the United States, oil and gas rights to a particular parcel may be owned by private individuals, corporations, Indian tribes, or by local, state, or federal governments. Oil and gas rights extend vertically downward from the property line. Unless explicitly separated by a deed, oil and gas rights are owned by the surface landowner.
The rights to above- and below-ground minerals (as a rule quarries and mines) may be awarded separately. One exception among Commonwealth common law countries is Australian mining law, under which virtually all mineral rights are held by the Crown. Mining law in the United States is also based on English common law. Here the landowner is ...
In the 49 United States practicing British common law (the 50th, Louisiana, derived its law from French and Napoleonic Code), a split estate is created when the original fee simple owner sells or otherwise loses ownership of the subsurface, often called the mineral estate. Executor rights transfer in whole, unless otherwise reserved, and ...
the Mineral Materials Act of 1947, 30 U.S.C. § 601, et. seq., [30] which provides for the sale or public giveaway of certain minerals, such as sand or gravel; the Multiple Mineral Use Act of 1954 (Multiple Mineral Development Act), 30 U.S.C. Ch. 12, [31] which provided for the development of multiple minerals on the same tracts of public land;
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