If you own mineral rights, but not the surface, can you still lease the mineral rights?
If the owner of the mineral rights is not the owner of the surface rights, in the case of an oil lease, who get’s the lease, the owner of the mineral rights or the owner of the land? RE: North Dakota
September 24th, 2009 at 2:50 am
I think the rules vary from state to state. You will need to check the specific rules for ND.
Where I live the mineral rights owner can access the property to exploit the minerals but must pay the surface owner damages.
September 24th, 2009 at 2:50 am
most grants or reservations of mineral rights, where the rights are held by someone other that the landowner, are WITHOUT surface rights down to a specified number of feet, usually 500 feet. the owner of the mineral rights has the right to sell or lease the rights, but in order to access the minerals (etc.) to be extracted, they must "enter" the property sub-laterally from an off-site location, below the specified depth. if the only means to access them is directly from the surface, that right of access must be separately negotiated with the landowner.
September 24th, 2009 at 2:50 am
firstly there are two different types of intrest in this. anyone who owns land is believed to own every thing above below and on the land (freehold interest) he although should know the all mineral resource belongs to the gov. to then have a lease to extract the minerals he got to get a licence from the appropraite authority and also checkfor any restrictive conveant that might affect his right to an extraction lease.
September 24th, 2009 at 2:50 am
The mineral rights owner would have to pay the surface rights owner for damages incurred to extract the mineral. If the mineral rights is oil, the cost is minimal, if the mineral rights is for coal to be strip mined, this becomes a big issue.