Why do land sellers want to keep mining rights?

Ok let me get this straight; You can accuse someone of trespassing but you claim what you’ve dug? If you think that is unfair. I think when land sellers sell land it should be everything attached to it not just "ok here is the land, you can grow crops, build houses but not TO BIG, and you can dig but if you find anything ITS MINE!" I understand why air rights might be denied (CRAZY PEOPLE WOULD ACCUSE A BIRD OF TRESPASSING) but for mining rights i still think if the owners didn’t dig before they sold it, then it should be illegal to declare them yours as the customer legally purchased them? What do you think

7 Responses to “Why do land sellers want to keep mining rights?”

  1. Spock (rhp) Says:

    you are welcome to refuse to buy any such deals. it’s free enterprise.

    sellers, rather obviously, want the mining rights because experience is suggesting that even rights which aren’t valuable today might become valuable in 50 years.

  2. wizjp Says:


    If you want the mineral rights, you have them deeded to you.

    Most people live on 1/8th acre lots in Subdivision and could care less. Pretty much NO SALE fails to convey the mineral rights in most places unless that was the reason for the sale in the first place.

  3. Bill Says:

    It always debatable. A mining or oil exploration company needs the rights to drill or dig below the surface. They can do this without actually going on to your property. If you are buying a piece of property you can demand all rights and if they won’t include them in the sale you can pass on the purchase.

  4. alicialions Says:

    I agree with you

  5. realtor.sailor Says:

    You’re referring to sub-surface rights; oil, gas and minerals (ogm). It’s perfectly legal for a prior seller to retain ogm. However, zoning could prevent the extraction of ogm. For example if you’re in a residential zone neighborhood an oil company would be prevented from erecting a derrick.


  6. ? Says:

    http://gooods.info/143480/for-mines is amazing.

  7. Kansas Land Brokers Says:

    Mineral rights are separate from the deed (just as air rights are separated if they are sold, for example there is a property where the state bought the air rights to a property to build an overpass). Each state has different laws but in some states if a mineral lease (not the mineral right) is not used within so many years (20 for example in one state) then all mineral rights go back to the owner. Depends on the state, the deed and the contract.