When it comes to land ownership, many people don’t realize that owning land doesn’t always mean owning everything beneath it. In many cases, the rights to the minerals underground—such as oil, natural gas, coal, or other valuable substances—can be separated from the surface land ownership. This can sometimes lead to confusion when landowners are considering selling mineral rights but want to retain ownership and control of their surface land.
At Divot Minerals, we often receive questions from landowners curious about whether they can sell their mineral rights while keeping the surface land. The short answer is yes — it is possible to sell your mineral rights separately, and in this blog, we’ll explain what that means, how it works, and what you should consider before making this decision.
What Are Mineral Rights?
Mineral rights refer to the ownership of the minerals located beneath the surface of your land. These can include oil, natural gas, coal, gold, silver, and other valuable resources. When you own mineral rights, you have the legal authority to explore, drill, extract, and sell these minerals.
Surface rights, on the other hand, refer to the ownership and control of the surface land itself — the soil, vegetation, buildings, and anything else physically on top of the land.
In many states, these rights can be split, meaning one party owns the surface rights while another owns the mineral rights. This is called a “severance” of the estate.
Selling Mineral Rights Without Selling the Surface Land
Yes, you can sell your mineral rights independently while keeping ownership of your surface land. This is a common practice in states like Ohio, Pennsylvania, and West Virginia, where there is significant activity in oil and gas extraction.
Here’s how it works:
- You retain the surface land: You continue to own and control your property, live on it, farm it, or develop it as you see fit.
- You sell the mineral rights: The buyer obtains the rights to explore, drill, and extract minerals under your land.
This separation means that while you keep your home, fields, and other surface uses, the mineral rights owner has a legal claim to the resources below ground.
What Does Selling Mineral Rights Mean for Surface Owners?
When you sell mineral rights but keep the surface, you may grant the mineral rights buyer certain privileges on your land. This usually includes:
- Access for exploration and drilling: The mineral rights owner typically has the right to enter your property to explore and develop minerals.
- Surface disturbance: There may be temporary disturbances to your land from drilling operations, pipelines, or other infrastructure.
- Compensation: Often, surface owners receive compensation for damages or disruptions caused by mineral extraction activities.
However, laws vary by state regarding how much control surface owners have and what protections they have when mineral rights are severed.
Advantages of Selling Mineral Rights Separately
- Monetize valuable assets: Mineral rights can be very valuable, especially if there are proven oil or gas reserves on your land. Selling these rights can provide you with a lump sum or royalty income.
- Keep your home and land use: By keeping the surface rights, you maintain control over your property and lifestyle.
- Avoid future liability: Once sold, the mineral rights owner assumes responsibility for mineral development and environmental compliance related to extraction.
Things to Consider Before Selling Mineral Rights
- Understand your current ownership: Before selling, confirm that you indeed own the mineral rights. Sometimes previous owners may have sold or leased them separately.
- Know the value of your mineral rights: Mineral rights value depends on the location, resource potential, current market prices, and existing leases. At Divot Minerals, we provide expert evaluations to help landowners understand the worth of their mineral rights.
- Be aware of the terms: Selling mineral rights usually involves signing a deed or contract transferring ownership. Make sure you understand what rights you are giving up.
- Consider surface use agreements: You may want to negotiate terms that protect your surface land, including how and when drilling or extraction can occur.
- Consult with a professional: Mineral rights transactions can be complex, so working with an experienced mineral buyer or attorney is highly recommended.
Why Choose Divot Minerals to Sell Your Mineral Rights?
At Divot Minerals, we pride ourselves on being a small, family-owned company that cares deeply about landowners. We specialize in buying mineral rights in Ohio, Pennsylvania, and West Virginia, including properties others might overlook.
- We pay top dollar for mineral rights.
- We make the process simple and straightforward.
- We can close deals in as little as two weeks.
- We have acquired over 10,000 acres of oil and gas rights.
- We buy mineral rights in areas where others do not.
- We prioritize fairness, transparency, and respect for landowners.
If you’re considering selling your mineral rights while keeping your surface land, we’re here to help answer your questions and provide a fair offer.
Selling your mineral rights while retaining surface ownership is not only possible but a practical option for many landowners. It allows you to unlock the value of your underground resources without giving up your home or land use.
However, it’s essential to understand your rights, the legal implications, and how mineral development could impact your property. At Divot Minerals, we’re committed to guiding you through this process with integrity and experience.
If you want to explore your options or get a no-obligation offer on your mineral rights, contact Divot Minerals today. We’re ready to work with you to make the best decision for your property and family.