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Knowing about Mineral Rights and the Ownership of Land

Being a property owner, if someone tried to do something on your property without your consent, you may want to sue them for trespassing. You may think that along with the large pastures, the soil constituents are also automatically yours.

They kind of are, but there is something that you need to know.

If you have minerals in the land which is under your name, then the country’s jurisdiction allows to sell or convey them. This transaction can be done separately apart from property rights during the time . Yes, you read that right. Keep reading on to know more about this.

What Are Mineral Rights?

Being a mineral owner, you have the right to extract the minerals found from the land and use them. It largely depends upon the documents which lay the terms and conditions. These are about the buying and selling of the rights. The conveyance thus between two parties would include the information about all the minerals under that particular patch of land or could be just limited to a few specified ones too.

Which Minerals Are the Most Commonly Found?

The presence of minerals is largely predetermined by the geology of the land. But most commonly, natural gas, coal, and oil deposits are found. If you are lucky, you may even find precious metals like gold and silver to extract out. In some cases, the mineral right transfer may also be linked with surface rights. According to the experts at, it is important to understand the profits and the benefits that are entitled to an individual from the land. So, this means that if there is a mineral owner, then he or she may even reserve the right to extract minerals found on the land’s surface as well, like gravel and clay.

How Are Mineral Rights Separated?

Technically speaking, mineral rights are the rights of the landowner. But if during the time of owning the land the rights are separated differently, then it is a whole different story. An owner can separate them by three different ways of conveying.

1. The owner has the right to sell or transfer the land but can retain the mineral rights. This can be done with the help of a sentence in the deed document maintaining that the rights to the minerals are reserved with the seller.
2. There is a way to convey mineral rights and retain the land at the same time. Such a scenario will call for a separate document for the minerals rights to the purchaser of the same.
3. In this case, there is a provision that allows the land ownership to be in someone’s name and the mineral rights to be in someone else’s ownership.

Important Note

It is worth considering that a seller reserves the right to convey only the property which is under his or her ownership. And, if the piece of land sells after the minerals are separated, the sale will be inclusive only of the land. If there are any deeds that are made after the first separation of the minerals, in that case, there will not be any mention of mineral rights.


It is not easy to determine whether you have the rights to the minerals under your land or not by just looking at the house deed. And if we are right, by now, you must be wondering if you do happen to have any minerals in your soil or not. We wish you good luck finding out.

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