Owning land can be a rewarding investment, but it’s essential to understand all aspects of your ownership—especially when it comes to mineral rights. Mineral rights refer to the ownership and control of the natural resources beneath the surface of your land, which can include valuable substances like oil, gas, coal, and more. Navigating mineral rights can be complex, but this guide will help you understand the basics and equip you with the knowledge to manage your property effectively.
What Are Mineral Rights?
Mineral rights grant the holder the ability to explore, extract, and sell the resources beneath the surface of a parcel of land. These rights are distinct from surface rights, which pertain to the land above ground. While mineral rights may be retained by the landowner, they can also be sold, leased, or inherited separately from the surface land itself.
Owning mineral rights can be financially beneficial if valuable resources are discovered on your property. However, it’s important to be aware of the legal and practical implications of owning—or not owning—these rights.
Surface Rights vs. Mineral Rights
Surface rights and mineral rights are two distinct forms of property ownership. Surface rights pertain to activities above ground, such as farming, building structures, and recreation. Mineral rights, on the other hand, involve subsurface activities, including drilling, mining, or extracting natural resources.

Possessing mineral rights can be highly profitable if valuable resources are found on your land.
In some cases, the ownership of surface rights and mineral rights can be split, meaning one party owns the land’s surface while another holds the mineral rights. This separation can lead to conflicts if the mineral rights holder decides to exploit the resources beneath the land, as their activities can impact surface use. Understanding this distinction is crucial, especially when purchasing land.
What Mineral Rights Are Included in Mineral Rights?
Mineral rights typically include a wide range of natural resources that are valuable for extraction or sale. Common inclusions are:
- Oil and natural gas
- Coal
- Precious metals like gold, silver, and platinum
- Industrial minerals such as gypsum, limestone, and potash
When mineral rights are sold or leased, the agreement often specifies which resources are included. Reviewing the details of your mineral rights agreement is critical to understanding the full scope of your ownership.
What Minerals Are Not Included?
Not all subsurface materials are included in mineral rights agreements. Water rights, for example, are usually governed separately and are not included in mineral rights ownership. Additionally, materials such as sand, gravel, and clay may fall under surface rights, depending on local laws and the terms of the agreement.
It’s important to consult legal and local resources to determine what resources are excluded from your mineral rights.
How Mineral Rights Work
Mineral rights can be managed in several ways, including:
- Selling: Landowners can sell their mineral rights outright, transferring all future claims to the buyer.
- Leasing: Rights can be leased to a company for exploration and extraction, with the landowner receiving royalty payments based on the resources extracted.
- Retaining: Landowners may choose to keep their mineral rights while selling or leasing surface rights, preserving control over subsurface resources.
When leasing mineral rights, contracts often specify terms such as the duration of the lease, extraction methods, and royalty percentages. It’s essential to have a thorough understanding of these agreements to protect your interests.
How to Search for Mineral Rights Records
Determining who owns mineral rights requires thorough research. Start by checking your property deed, which may outline the ownership of mineral rights. You can also consult local government offices or county clerks, which often maintain records of mineral rights transfers and agreements.

Leases for mineral rights typically outline the length of the agreement, the approved extraction methods, and the royalty rates to be paid.
In some cases, hiring a professional title searcher or landman—a specialist in land and mineral rights research—can help uncover detailed information about mineral rights ownership. This step is particularly important if you’re considering purchasing land or entering into a mineral rights agreement.
Points to Consider Regarding Mineral Rights When Purchasing Land
When buying property, understanding the status of mineral rights is crucial. Here are some key points to keep in mind:
- Ownership: Confirm whether the mineral rights are included in the sale. If not, determine who holds them.
- Potential Impacts: Consider how the extraction of minerals might affect the surface of the land.
- Legal Obligations: Review local regulations governing mineral rights and the responsibilities of landowners.
- Valuation: Understand how the inclusion or exclusion of mineral rights impacts the value of the property.
- Future Conflicts: Ensure there are clear agreements in place to avoid disputes between surface and mineral rights holders.
Conducting due diligence will help you make an informed decision and protect your investment.
Conclusion
Mineral rights are a critical yet often overlooked aspect of landownership. Understanding what these rights entail—and how they interact with surface rights—can save you from potential legal disputes and financial losses. Whether you’re a current landowner or considering purchasing property, taking the time to research and clarify the status of mineral rights is an investment in the future of your land.
By staying informed and seeking professional guidance when needed, you can navigate the complexities of mineral rights with confidence.