Surface right 2025

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Surface rights include building structures, farming, planting trees for timber, and accessing water on a property. By contrast, mineral or subsurface rights, unlike surface rights, grant control over underground resources.
What is the difference between subsurface and surface rights? Subsurface rights refer to the minerals, oil, and gas beneath the surface of the land. Surface rights refer to the right to use and occupy the surface of the land. The surface estate owner may or may not also own the subsurface estate.
A Surface Right is essentially ownership of the land that one can see. It includes the normal use and enjoyment of the land and all that comes with it: land, roads, rivers and streams, lakes, and the right to all native and livestock animals on the land.
There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals.
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