Comments on: If you own mineral rights, but not the surface, can you still lease the mineral rights? http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm Questions and Answers Sat, 11 Feb 2012 00:01:47 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: oil field trash http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm/comment-page-1#comment-3602 oil field trash Thu, 24 Sep 2009 07:50:26 +0000 http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm#comment-3602 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. 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.

]]> By: Nancy Kay http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm/comment-page-1#comment-3603 Nancy Kay Thu, 24 Sep 2009 07:50:26 +0000 http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm#comment-3603 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. 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.

]]> By: Deji O http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm/comment-page-1#comment-3604 Deji O Thu, 24 Sep 2009 07:50:26 +0000 http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm#comment-3604 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. 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.

]]> By: Paul K http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm/comment-page-1#comment-3605 Paul K Thu, 24 Sep 2009 07:50:26 +0000 http://askalandman.com/if-you-own-mineral-rights-but-not-the-surface-can-you-still-lease-the-mineral-rights.htm#comment-3605 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. 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.

]]>