Oklahoma is known for its abundant natural resources, with all its counties producing minerals. If you are a property owner, you may be pleasantly surprised to find valuable resources underneath the land you own. This, however, may not mean that you automatically own both the land and the minerals under it. In Oklahoma, mineral rights can be separate from surface rights. You can only have legal right to the minerals found beneath your land through mineral rights.
The difference between mineral rights and surface rights
Surface rights refer to land ownership, giving the owner the legal right to use the surface of the land. This means you may build structures and make improvements as you see fit.
On the other hand, mineral rights allow the owner to legally explore, extract, mine and profit from the minerals found beneath the surface of the land. These may include coal, oil, natural gas, metals and gemstones.
While mineral and surface rights may sound straightforward, it is actually more complex than it seems. The two rights may not always be under the same person. Because of this, complications may potentially arise such as when the mineral rights owner enters the property to conduct operations, which may disturb and damage the surface right owner’s property. Property owners who do not own mineral rights may need to negotiate compensation for losses and damages with the mineral rights owner.
Determining ownership
If you are an Oklahoma property owner, you may want to ensure ownership of mineral and surface rights to prevent potential problems in the future. Determining ownership of mineral and surface rights may involve extensive research, which can be time-consuming and expensive. You may want to visit the local courthouse which houses these documents. You may also collaborate with a landsman, abstractor or title attorney who can conduct property research for you.
If you find that someone else has the mineral rights to your property before they start exploration and extraction, you may want to see an attorney. An experienced attorney can protect your rights and identify the actual mineral owners.