Let us tackle the subject of US mineral rights.
What are minerals? This term includes:
- All fossil fuels like oil, natural gas and coal, besides other distillates of oil
- It includes all metals and their ores. Therefore, iron ores, copper and aluminum ores and gold are all minerals
- Non metals have also been included. Therefore, limestone, salt and gypsum are minerals too
- Finally, sub surface peat, sand and gravel are also counted among minerals
The demand for commodities such as oil and gas is increasing and a myriad of energy and mining companies are on the lookout for land and properties possessing minerals. With energy and mining companies seeking mineral right owners, mineral rights leasing is undeniably emerging as a growing trend in the real estate market and energy/mining industry.
What are mineral rights as applied to USA? US mineral rights bestow on the property owner the absolute right to extract all the minerals under his property unless these rights have been leased, sold or transferred separately. Therefore, it is possible to transfer mineral rights separately from the surface property. This is an important aspect of America's mineral rights. Furthermore, mineral rights can be leased for some particular minerals and not others. Finally, it is acceptable to sell mineral rights up to a certain depth. US mineral rights formally came into existence after the right of ownership of land became the law in the 19th century.
Colorado mineral rights became the law after 1916, when surface rights and mineral rights were considered separable and severance was formally legalized. The law further provides the mineral rights owner the right to access his minerals while granting him the reasonable utilization of the surface property. It's pertinent to note that in the state of Colorado, mineral rights have been retained by the previous owners and generally not sold or transferred along with the property and surface rights. It is therefore in the interest of property buyers to check the deed to confirm the state of mineral rights of a property beforehand.
It is important for a property buyer to exercise the utmost caution to ensure that his mineral rights are secure along with his surface rights.
