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Who owns the mineral rights under your land? 

Who owns the mineral rights under your land? 

Who owns the mineral rights under your land? 

Mineral rights to property can become a very liquid asset. They can be decoupled from the land deed and sold for any interested parties. The benefits of mineral rights will not be realized if you don’t own them. It can be difficult, but necessary, to track down the owner of the mineral rights under a property.

An unsuspecting landowner could have a substantial asset. The mineral rights specialists at The Pheasant Energy are committed to helping property owners get additional income and sell their mineral rights. 

How to determine if you are the owner of your mineral rights 

A group of rights is the basis of real property ownership. This theory is sometimes called the “the package of sticks” theory by lawyers. Property owners have the option to retain their entire bundle of rights, or sell mineral rights, lease or gift them to others. The bundle includes the right of use of the surface and the right of owning and using the minerals beneath the surface. Many landowners are confused by this ability to separate the minerals and associated mineral rights from the ownership of the land. 

The most commonly extracted minerals in most regions are oil, natural gas, and coal. A mineral owner can also extract silver and gold. Mineral rights can sometimes include surface rights. If this is the situation, the mineral owner can extract any minerals from the ground’s surface, including clay and gravel. 

The conveyance of the property from the government to third parties (often called the “land patent grant”) typically included both the whole bundle –surface and mineral ownership. Some property owners also gave away the ownership of the minerals. This creates two distinct estates of ownership in the property: one for the mineral and one for the surface. Although these two estates can coexist peacefully, tension can develop if one of the mineral owners wants to use the property (e.g., mine, develop, etc.). The minerals must be used at the surface. 

Before a landowner can make a sale of mineral rights, they need to verify that they have rights to the minerals. To find out all land records related to a property, a property owner should visit the county clerk’s offices, which are usually located near the county courthouse. The property owner will then need to create a chain or title detailing the transfer of mineral rights over time. The transfer of ownership or conveyances can be used to create a map showing who the legal owner is of the mineral rights. 

These records may contain gaps that can cause confusion about who the owner was. To determine what happened, you should examine the divorce settlements, tax sales and mortgage documents. If mineral rights ownership is to be legally proved, this research must be done thoroughly and accurately. There are many online services that can help property owners find out who has the mineral rights on their land 

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