Mineral rights are property rights that allow the owner to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership, and they refer to sedentary minerals that do not move below the Earths surface or fluid minerals such as oil, gas, coal, metal ores, stones, sands, or salts. Owning mineral rights, also known as a "mineral interest" or a "mineral estate," gives the owner the right to exploit, mine, and/or produce any or all minerals they own. Mineral interests can be owned by private landowners, private companies, or federal, state, or local governments.
When mineral rights have been severed from the surface rights (or property rights), it is referred to as a "split estate". In a split estate, the owner of the mineral rights has the right to develop those minerals, regardless of who owns the surface rights. This is because in United States law, mineral rights trump surface rights.
The five elements of a mineral right are:
- The right to use as much of the surface as is reasonably necessary to access the minerals
- The right to receive bonus consideration when a lease is signed
- The right to receive delay rentals during the "primary term" of the lease
- The right to receive a royalty on production
- The right to shut-in production in certain circumstances
Mineral rights can be a complex issue, and they may or may not be tied to traditional land ownership. It is important to check the deed carefully to determine whether the mineral rights are legally the owners to sell, or whether they belong to someone else. Mineral rights can be very lucrative, and the owner of the mineral rights can exploit the minerals or sell the authority to do so without having ownership interest in the property.