what if you don't have mineral rights to your property..

um most do not.

most don't have much 'subsurface' rights period.

hint:


No one in USA has mineral rights to their land, only surface up. If minerals are found to be there, they will take it as they have to 1,000's of other people.

No. They have to go through the process.

Get a lawyer. Is your land subleased?

I think they can do anything they want to do to access the minerals. Drill a well, dig a mine, whatever.

I thought you could in Texas, if you have the allodial title.

No, you have rights, but the "land is a cone, gong tothe center of the earth" So, if you minerals are in your "cone" and you have oil, for example, if you mine the oil first, then if it goes under your neighbor's land, you neighbor can't tap it. It's a first come first serve.

depends where you are, in AK you do not, if in a mining district for example.

Last Edited by 907AKdude on 05/18/2009 11:21 PM

If the gov comes saying we've discovered minerals and plan to mine, and wish to buy you out, they should sell right then and there. They don't have to give you anything. : (

The owner of the mineral rights may lease them or sell them but that does not give anyone the right to infringe your rights as property owner. Normally, oil companies and such go around and sign leases to put a big block together. If it is minerals for surface mining too bad for whomever owns the mineral rights. Put up a No Tresspassing sign. Work a deal if you want and make them pay you. Otherwise, shoot the bastards. That's how things work in Texas.

i was looking for land in NV.
the mineral rights do not come with the land.
i was just wondering what the person with the rights could do.
I thought it means whoever has the mineral rights has a right to any minerals i extract from said property, but they dont have the right to extract it themselves.

I'm just worried if i buy land then later on whoever has the claim can mine it.

Wrong.

They can't go on your land without your permission, but they could tunnel underneath.

THIS ADVICE IS WORTH WHAT YOU PAID FOR IT:

In Canada you don't have mineral rights...its own by the crown. My family owns land and there is oil on it. So the oil company drills for it and we get a certain amount of money per well. Don't know how much we get tho.

in AR land is either with or without mineral rights...and since gas company drilling is a very big deal currently, it means a lot...

the owner of the mineral rights can lease the rights to a gas company and that person will receive the royalties, not the owner of the land... and they normally do not put a well on a tract of land of less than 30/40 acres... and I don't know how that works if you own the land but not the mineral rights. definitely something to research and consider before buying.

Being straight to the point.
If the Guberment wants to steal your Oil and Gold.
They will.

er uh, wouldn't it be a little bit silly to reserve the mineral rights on a property, but not be able to extract them?

check the deed where the minerals were reserved - normally the right of ingress and egress will be reserved as well...

You should never own land without water and mineral rights because if you don't have the rights, than you don't really own the land and are subject to all sorts of issues.

If you think about it, if you supposedly own the land and you don't own the water and mineral rights, then what do you really own? Some dirt that other people can go on to get to their property which are the minerals and water on the land?

Yeah that's totally untrue. The acid test is can you legally drill, mine, use the water or harvest the timber. If you can then you own the land and there are plenty of states that give landowners all those rights to their land. Those are the states where the land has the most value and not necessarily the highest price.

Areas of North Carolina are one such place.

In Wyoming people who own mineral rights are raping the land under people who own the surface land. And there ain't a thing they can do about it.

Here is an example:

Coalbed methane splinters the Powder River Basin

SHERIDAN, Wyo. - Buck Brannaman is an angry man. The world-traveling horse trainer sits on a chestnut quarter horse in an indoor arena. Behind him, students quietly practice their riding skills. Brannaman, who modestly admits he was the inspiration for Nicholas Evans' novel and later the movie The Horse Whisperer, does not mince words. His gray eyes are smoldering. "I am the poster child for torn-up ranches," he says bitterly.


The cause of his anger is apparent over the hill behind the arena. A 600-acre draw has been ripped up by earth-moving machines. Small reservoirs have been bulldozed into the creek bottom and a half-dozen drill pads carved out of the surrounding hillsides, each big enough to allow a tractor-trailer rig to turn around. Several gas wellheads jut out of the ground, but none of the wells is producing. At one, fencing falls into an unfilled drilling spoil pit. Nearby, lengths of pipe rust on a staging pad cut out of the pasture. Roads run haphazardly across the sere, grassy slopes.


The reason for all this is coalbed methane, a form of natural gas that can be cheaply and easily extracted from coal-rich landscapes such as northeastern Wyoming's Powder River Basin. Although Brannaman and his wife, Mary, own the surface rights to this ranch, they do not own the rights to the minerals underneath, and they, like many of their neighbors, are at the mercy of energy markets hungry for natural gas.


"I didn't have this place given to me," says Brannaman, who has sued the drilling company that he claims has abandoned its work on his property. "I worked for every damn dime, riding some of the most difficult horses in the world and eating bad food on the road. I've given up my body and my health for this place."


So far, says Brannaman, his legal fees and lost income amount to $180,000, and he's running out of patience. Pointing to tree-sitter Julia Butterfly Hill's success at protecting an old-growth forest grove in California, Brannaman says, "If it takes bringing 200 environmentalists into town and having them live in tents on my creek, I'll do it. I've never been one for siding with the wackos, but things change when you're protecting your home."

[link to www.hcn.org]

BULLSHIT.

What you do is charge them to come on your land to mine it. Get an attorney and setup some sort of contract where the mineral owners need to pay for land access and then take care of repairing any damage they cause gaining access to those minerals.

Why doesn't the land come with mineral rights though? Does someone else own the rights? Was there a separation of the mineral estate that should have been noted in a title search? If this separation doesn't exist then the mineral rights may not be owned by anyone, make sure you research this completely, someone may be trying to pull one on you.

THIS IS A DECEPTIVE POST - NEED TO READ THE ENIRE ARTICLE.

These ranchers were paid surface fees and seldom if ever do oil companies go on land without working a deal with the rancher. Gas prices are in the toilet (off 75% from the peak) and the oil companies are abandoning and leaving their projects look pretty much like the strip malls across the cities. READ THE ENTIRE ARTICLE.

MINERAL RIGHTS ARE OVER-RATED.

What would you do if you had them? Is activity of any kind even going on in the county? Anyone have their mineral rights under lease? Anyone receiving royalty checks? The answer is usually NO.

Mineral rights are 99% beer drinking and dreaming conversation.

Rereaved surface owner - are we?

"I didn't have this place given to me," says Brannaman, who has sued the drilling company that he claims has abandoned its work on his property. "I worked for every damn dime, riding some of the most difficult horses in the world and eating bad food on the road. I've given up my body and my health for this place."


So far, says Brannaman, his legal fees and lost income amount to $180,000, and he's running out of patience. Pointing to tree-sitter Julia Butterfly Hill's success at protecting an old-growth forest grove in California, Brannaman says, "If it takes bringing 200 environmentalists into town and having them live in tents on my creek, I'll do it. I've never been one for siding with the wackos, but things change when you're protecting your home."


this is what happens when you get an 8th grade education and don't take a lawyer with you when purchasing property.
for 1 % of what hes pissed away in legal fees he could solved this problem when he bought it .
prolly even less from a good old timey western lawyer.

Here in PA the gas co. is paying pretty well for natural gas rights on your land. my cousin got 300 an acre, plus 2% profit sharing. He owns a decent bit of ground, gets about 4500$ quarterly. But that is dirt compared to what they get for the coal and timber.

The only state that still uses what is known as an "Allodial Title" is Texas. Everything else is simply "Real Estate" being the crap on the top of the land though they will allow you a water well. You do not own property in the US not even your car. To own your car you would need the "Certificate of Origin" the state gets that, destroys it and gives you a document called a "Title" In essence you pay to use the car but that is all!