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When purchasing real estate, you obtain a series of rights associated with it. One of the rights that can often be unknown or overlooked is the concept of “surface rights”.
What are “Surface Rights”?
“Surface rights” refer to the rights to use the surface of the earth. These rights include actions such as building on it, cultivating it, walking on it or carrying out any other use that takes place on its surface.
“Subsurface Rights” vs. “Surface Rights”
While “surface rights” concern the surface of the earth, there is another set of rights called “subsurface rights”. These represent the rights to natural resources found below the surface such as minerals, groundwater, oil and gas.
It is interesting to note that an owner can transfer subsurface rights without having to transfer surface rights. For example, a landowner could sell his oil and gas rights on his land to an oil company, but remains the owner of the land itself.
Conclusion
Owning real estate involves more than just the visible use on the surface. There are different rights layers associated with each parcel of land and it is essential to understand them to maximize the value and use of a property, as well as to avoid legal conflicts.
