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It depends largely on the laws of your state. If you are in California, then yes, you can reserve the wind rights and convey the surface. See Contra Cost Water Dis. v. Vaquero Farms, Inc. But if you are in Texas (like I am), then the law is still unclear. I advise caution since it might make wind companies and lenders uncomfortable. They might want the surface owner to sign in acknowledgement before they offer you a wind lease. Your best bet is to contact a good real estate attorney in your state.

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Q: Can i reserve the wind and air rights and deed surface right only?
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