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Representing buyers and sellers in Wyoming, Idaho, Montana, North Dakota, South Dakota, Nebraska, Colorado, California, Utah & Oregon.

Call us at 877-805-9165
or 307-684-5201

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Mineral Rights:

Unknown to many, land can be owned in what is referred to as split estates. In split estates, the right to surface ownership (the land) and the rights to the subsurface ownership (the minerals) are owned by separate parties. In this situation, subsurface owners are the dominant estates, meaning they have a right to extract their minerals regardless of the surface owner’s objections. The surface owners, however, must receive just compensation for any surface use or damages required by the subsurface owner in order to extract the minerals.

Mineral rights may or may not be included in the purchase of land. As a landowner it is important to understand the mineral rights included with the land you own or plan to purchase. If the land is owned in a split estate you must familiarize yourself with your rights and obligations as either the surface owner or the mineral rights owner. For more information please see the following links:

BLM: Split Estates
Information at Geology.com