Order on Complaint for Abandoned Mineral Interest - Tennessee 2025

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Surface rights are what you own on the surface of the property. These include the space, the buildings and the landscaping. Mineral rights, on the other hand, cover the specific resources beneath the surface. In areas designated for mining, its common for surface rights and mineral rights to be separate.
Mineral rights and air rights may be owned by someone other than the owner of the surface. It is common, for example, for a surface owner to sell to a third party the rights to any oil, gas, coal, and other minerals that may be located be- low the surface.
When the mineral interest owner becomes inactive or simply abandons the parcel of land and stops exploring or exploiting oil and gas and other resources as well as the oil and gas wells present beneath the land for an extended period, the rights may become abandoned. As a result, the mineral rights expire.
In Tennessee, mineral rights are separate from surface rights. This means that a landowner can convey the surface rights to a property while retaining the mineral rights, or vice versa. Mineral rights can also be severed from the surface rights and conveyed to a third party.
An owner of mineral rights may sell, lease, or donate those minerals to any person or company as they see fit. Mineral interests can be owned by private landowners, private companies, or federal, state or local governments. Sorting these rights are a large part of mineral exploration.
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Severance can occur in a number of ways, including an express transfer or lease of the mineral estate separate from the surface estate, or a reservation of the mineral estate to the Seller in a deed for the conveyance of a property.

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