Denver, CO asked in Energy, Oil and Gas for Colorado

Q: Is it possible for me to sell mineral rights to the land under my property but maintain the surface rights above ground?

Related Topics:
2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Yes, you can. However, a lease or sale of mineral rights will also condition a right to access the above-ground property so the extraction can occur (i.e. the mining trucks will require some means to enter the property to extract the resources). Also, the nature of what is reasonably marketable is partially contingent on the size and scope of the land. Contact a real estate attorney who is familiar with resource extraction for details.

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
Answered
  • Energy, Oil & Gas Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Yes, it is very common to sell the mineral rights under the land and keep the surface. However, as has been pointed out, the minerals take precedence over the surface. If an oil company wants to drill on your surface to access the buyer's minerals, they must reasonably accommodate your surface use, but you can't stop them from drilling. Nevertheless, oil companies usually execute a surface use agreement with the surface owner, but it is not required under the law. Importantly, you can put restrictions on surface use in the mineral deed when you sell. For example, you can restrict drilling to a certain corner of the property, or 1000 feet away from any house or structure. If you are considering selling your minerals, you should speak with an oil and gas attorney to help you evaluate the deal, draft the deed, and ensure you get paid.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.