Confused by the complexities of land ownership? From surface rights to homesteads, mineral and royalty rights - not to mention split or unified estates and severed minerals – it's a maze that leaves many questions. Our latest blog discusses the complexities of owning property and answers the question; do homestead rights extend to severed minerals? We'll explore how mineral rights can expire, be sold, fractionalized, or be gifted.
Types of Mineral Rights
The different types of rights can be broken down into three main categories; surface, royalty, and mineral. Surface rights are generally granted to people who own the land and include any activities on the surface of the land, such as farming or housing construction. Royalty rights grant the owner a percentage of any revenue from mining activities on their land. Finally, mineral rights are the right to explore, develop and extract minerals below the property’s surface.
Unified and Split Estates
In some cases, a property owner may have both surface and mineral rights on the same piece of land. This is known as a “unified estate,” one in which the same person holds all rights. In other cases, the mineral rights may be held by a different individual or company than the surface rights holder; this is referred to as a “split estate.”
In addition, some landowners may have minerals severed from the surface of their property and transferred to another party. This is known as “severed mineral rights.” When this happens, the surface rights owner no longer has any control or ownership over those minerals, and they cannot be included in their homestead rights. While severed mineral rights may not always be a part of homestead rights, there are some exceptions.
Homestead Rights
The answer to the question of whether homestead rights extend to severed minerals is complex and depends on many factors. Homestead rights are generally granted to surface owners, not mineral rights holders. This means homesteaders usually have no legal claim to any minerals beneath their property.
Homesteaders generally have few rights to the minerals underneath their property, as homestead rights are only granted to surface owners. This means that a homesteader has no legal claim to the minerals beneath their property, and any profits from such minerals do not belong to them.
In some cases, a homesteader may be entitled to a portion of the mineral rights. This may occur if the homesteader has purchased or inherited property previously severed from its original owner.
Protecting Mineral Rights
It’s important to keep in mind that mineral rights can expire, be sold or fractionalized, or even be gifted. This means that the mineral rights beneath a homesteader’s property may not always belong to them and could instead belong to another party. The best way for homesteaders to protect their rights is to research and understand the different laws and regulations about mineral rights in their state.
Mineral rights can expire if the owner does not renew them or if they go unclaimed for a certain period of time. Mineral rights can also be sold, fractionalized, or transferred through gifting or inheritance. In some states, mineral rights will automatically revert to the original landowner after a specified amount of time has passed since severance. Additionally, mineral rights may expire when the owner dies, and no heir is present to claim them. Owners should understand their state's laws regarding mineral rights expiration to protect their interests in the long term.
To sum it up, homesteaders usually have no legal claim to the minerals beneath their property, as homestead rights are only granted to surface owners. However, there may be exceptions depending on where you live, so it’s important to do your research. Contact us today if you have questions and need assistance with your oil and gas disputes.