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Initially, land is conveyed from a government to private ownership by a land "grant" or a land "patent". The government may or may not include or exclude mineral rights in the land grant or land patent, or such rights may be governed by statutory law. A government may choose to lease or sell such mineral rights separate from the "land" or "real property".

Subsequently, land or real property is conveyed from private ownership to private ownership by "Deed". A private owner could sell off the mineral rights to one party while selling off the land to another party.

What is created is a "chain of title" (the land grant or patent, followed by a series of conveyance deeds).

Generally, land conveyed "fee simple" also conveys the mineral rights from a Grantor to a Grantee, provided that the Grantor possessed such mineral rights to convey.

To find out whether the Grantee has, and the Grantor had, such mineral rights requires tracing back the "chain of title" (usually with a County Clerk of Court or County Recorder of Deeds). One is looking for any deed restrictions or separation of mineral rights in such chain of title. Then one also needs to research whether Federal or State law (statutes) reserve mineral rights to the government through the land grant or land patent or any subsequent transfers.

An important component of "mineral rights" is usually the "right of entry" to exploit such rights. While many mineral rights holdings lay "dormant", they often have a "superior" right to exploit the land as compared with a property owner. Which means that they can choose to excavate a huge hole or otherwise tear up your property to exploit what is underneath it. They "eventually" need to compensate you or to more or less put things back the way they were when they started - but they may have more rights to the land than you have to the property. It depends on the governing law (federal or state) and who granted what to whom and when.

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14y ago

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