4 ms·
It varies from jurisdiction to jurisdiction but generally speaking you do own the land under your house. You (or a previous owner) can choose to sell or lease
by kilo_bravo_3 6y ago
It varies from jurisdiction to jurisdiction but generally speaking you do own the land under your house.
You (or a previous owner) can choose to sell or lease the minerals under your house.
It is so difficult to buy land without being informed of its mineral rights that it might actually be technically impossible to acquire land without knowing beforehand the status of those rights unless you specifically set out to do so as an experiment or something.
Like by covering your eyes, plugging your ears, and screaming "LA LA LA LA" as you initial the page of the contract describing mineral rights. Or not actually reading the results of a title search.
So you own the dirt, but people don't want dirt they want gold, oil, and other such things.
The only thing the judge said was that dinosaur bones aren't "minerals".
If they had found ancient pottery or buried gold coins those also aren't minerals. Yeah gold coins, even though gold is considered a "mineral" stamped coins are not for the purposes of mineral rights.
If a previous owner sold the rights to the minerals in the dirt under your house, that's on you for not paying attention during the sale-- assuming you wanted the rights to begin with.
- ramraj07 6y agoDoes it mean you have to let them come and actually dig in your land? Or just tolerate the drilling sound as they bore from outside your territory?
- w1 6y agoYou have to let them come in, but they have to pay you to lease the surface easement they use from you. That lease doesn't begin to approach the value of the minerals though.
- redtexture 6y agoDepends on the original grant. And how the grant is interpreted in current circumstances. The prior owner may have granted use of the land for mining without further compensation or requiring the surface be usable. Surface mining in Appalachia for coal is a good example. A modest survey of the topic: Mineral Rights in Central Appalachia: A Brief History of the Broad Form Deed in Kentucky and Tennessee Blakely Elizabeth Whilden http://studentorgs.law.unc.edu/documents/elp/2012/whilden_final.pdf http://studentorgs.law.unc.edu/documents/elp/2012/whilden_fi...