Before I even get into this, I have to state that I'm not a lawyer, (and I don't play one on TV) so you will need a lawyer to interpret the law - I can't do that. I can only tell you how I understand what I've found.

When I write a contract, I have a clause that I throw in that explains that most of the land being bought or sold in this area, is being done so without the mineral rights. Here's the clause:

  • "BUYER IS AWARE THAT MOST PROPERTIES IN THE AREA DO NOT TRANSFER WITH THE MINERAL RIGHTS. SELLER AGREES TO TRANSFER MINERAL RIGHTS OWNED BY THE SELLERS RELATED TO THIS PROPERTY IF ANY AS A PART OF THIS SALE."
  • I've had very few people ask me about this, but a few days ago, I had two people ask, one because they heard me talking about it to the other. I just happen to know this from when I bought my land 15 years ago. Reading the fine print is important. So I thought this would be a good opportunity for me, and anyone else who's interested, to learn about it.

    I've contacted two title offices, and searched the Internet some. Here's what I've learned:

    Now from what I've found, there is little land available in the US that transfers with all mineral rights. How many times have you heard on the news, or from any other source for that matter, about how someone woke up one day to a mining company knocking on their door explaining how they were going to be mining in their back yard for the next 10 years? In other states it may be an issue where gas and oil are being pumped, or in areas where coal is being mined, but I also think most of those are being done on land where the mining or oil companies have bought the land because of the public outcry. It's a tough thing to mine or pump oil in this country. These companies I can imagine, spend many years getting the approval to go to work on land they own, let alone land they merely own the mineral rights on.

    There may be a few things I've missed here, or something you think is important. If you're reading this and you see something I need to know......that's why I blog, I enjoy learning. Please leave a comment, I love comments! :D

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