There are a lot of valuable natural resources under the ground in many parts of Oklahoma. Those who own property that sits on land with oil, coal, natural gas and/or precious metals underneath need to know what kind of rights they have, if any, to what lies underneath.
If ownership of a property includes mineral rights, they’re known as “unified rights” and are included on the deed. Often, however, mineral rights are separate from “surface rights.”
If one party has mineral rights while another has surface rights, the two are considered “severed.” That’s common in Oklahoma.
What a property owner needs to know if another party has mineral rights
It’s crucial for the party with the surface rights to know if the mineral rights owner plans to extract them since mineral rights take precedence in the U.S. According to one expert on mineral rights, the owner “has the right to explore, drill, mine and extract natural resources from the subsurface of your property without your permission.”
There are also cases where mineral rights may be shared by multiple parties. For example, one party may have the rights to precious metals, while another may have oil and gas rights.
It’s critical for property owners with surface rights only to know what they can and can’t do with their property. That’s where the “reasonable surface use” doctrine comes in. “Reasonable” use may mean that the destruction of any structures is prohibited.
Extensive research may be necessary before buying
Before buying a property, it’s important to know what’s underneath it and what kind of rights come with the deed. If the deed doesn’t include mineral rights, you should find out who owns those rights. That may involve some investigation and possibly a geological survey. Remember that even if nothing has been detected in the past, that doesn’t mean it might not be in the future – particularly with advances in technology.
Real estate transactions in Oklahoma can be complex due to the abundance of valuable resources under our land. Having experienced legal guidance can help prevent unnecessary and costly complications.