How to Get Mineral Rights
Until relatively recently the idea of separating mineral rights from surface property rights was not commonplace except in certain areas of the country, especially in coal-producing areas. Today things have changed. Today many properties are sold without mineral rights, meaning the previous owner owns anything of value beneath the surface of "your" land. This can come as quite a shock to many homeowners, who assumed they owned everything under their land when they bought their property. If you are attempting to acquire mineral rights from former property owners, be advised that it can be a lengthy process (at least a year) and that it can be expensive.
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Instructions
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1
Read your mortgage or land agreement carefully, looking for any reference to mineral rights. If there is no reference to mineral rights, either in the main document or in any addendum, then there is a good possibility that you own the mineral rights under your property.
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Go to your local courthouse and research the actual documents relating to your property as far back as those records exist. It is possible that mineral rights were retained by a long-ago owner and the documents were simply not passed down to you as they should have been.
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3
Contact the owner of the mineral rights to your property if you do not own them and offer to negotiate to purchase the rights. Offering a small royalty in addition to an outright payment may encourage a reluctant seller to return rights to you.
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Sit down with the other party and negotiate face-to-face if necessary. Use qualified lawyers to negotiate your deal for mineral rights to ensure that the deal is properly structured.
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Negotiate the right to drill a test hole on the property to ascertain that the minerals you wish to exploit are actually present before you must make a final payment for the rights.
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Sign the final agreement and make the necessary payments in order to secure the rights.
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Tips & Warnings
Do not count on the help of a title company in your search for mineral rights.
The area of mineral rights can be complex, and it is strongly advised that you consult with attorneys who specialize in this particular area of the law.
