Changes

The mineral estate of the land includes all organic and inorganic substances that form a part of the soil. Exceptions include sand, gravel, limestone, and subsurface water—which are normally considered part of the surface estate.

The mineral estate of the land includes all organic and inorganic substances that form a part of the soil. Exceptions include sand, gravel, limestone, and subsurface water—which are normally considered part of the surface estate.

The reason why the law has developed these details is that the owner of a property has the right to severe the surface estate of the property from the mineral estate of the property.  For example, the owner can convey or sell the surface rights to one person (such as a farmer) and the mineral rights to a different person, such as a mining company.  The right to sell these property rights separately makes the land more valuable, because an owner might be better suited to gain value from one set of rights (a farmer on the surface) than the other (the mining company working under the surface).

The reason why the law has developed these details is that the owner of a property has the right to sever the surface estate of the property from the mineral estate of the property.  For example, the owner can convey or sell the surface rights to one person (such as a farmer) and the mineral rights to a different person, such as a mining company, and can even further sell only part of each.  The right to sell these property rights separately makes the land more valuable, because an owner might be better suited to gain value from one set of rights (a farmer on the surface) than the other (the mining company working under the surface).

In the United States, the mineral estate of most properties were separated from the [[surface estate]] during the 1920s when the rush to develop oil and gas peaked.  So, all land records must be searched back to that era to find out who actually owns the mineral rights to a particular property.  However, with the advent of [[fracking]], the drilling of oil and gas wells has spread to regions of the nation which had never been considered for drilling in the past.  So, property owners are suddenly confronted with offers to lease the mineral interests under their land.

In the United States, the mineral estate of most properties were separated from the [[surface estate]] during the 1920s when the rush to develop oil and gas peaked.  So, all land records must be searched back to that era to find out who actually owns the mineral rights to a particular property.  However, with the advent of [[fracking]], the drilling of oil and gas wells has spread to regions of the nation which had never been considered for drilling in the past.  So, property owners are suddenly confronted with offers to lease the mineral interests under their land.