Split estate
Also called: severed estate
A property where surface ownership and mineral ownership are held by different parties.
Split estates are common across the West, created a century or more ago when the surface was patented and minerals were reserved to the federal government or a prior owner. The surface owner may have no idea until someone shows up to drill.
In most jurisdictions the mineral estate is dominant, meaning the mineral owner has the right to reasonable surface use to access their minerals. Buying surface without checking the mineral estate is buying an incomplete picture.
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