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THE ROOTS

Surface Rights

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ProfessionalLand & Farms For ResidentialBuyingInvesting

Definition

Surface rights are the rights to use the land surface—farming, building, whatever. Separated from mineral rights, water rights, and air rights. You can own surface rights while someone else owns mineral rights, which creates complex situations.

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About this term

Surface rights are distinct from mineral, water, and air rights. Separated ownership of surface and subsurface rights creates complexity and potential conflicts.

Pro Tip

Verify who owns what rights before buying. Separated rights create conflicts. For example, mineral extraction affects surface use. Understand exactly what rights you're actually acquiring.

Example

Owning surface rights while mineral rights are owned by an oil company.

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