When you buy a property, you generally have the rights to the soil and minerals that are found under your land. The truth is, though, that some deeds may show that you don’t own that land, depending on various past sales or factors. Significant limitations on subsurface rights need to be included in a deed when you buy a property.
In your case, you thought that you’d be able to dig in the area. You were ready to build a commercial property and found land that you thought had its subsurface rights in full. Unfortunately, you later discovered that you were not actually allowed to dig in the area due to the subsurface rights to the land being sold to a local mining company. You were never told about the sale or that you wouldn’t be able to use the land in the way you wanted.
What can you do if you weren’t told that the subsurface rights had been leased or sold?
If you were not told that you wouldn’t have subsurface rights on your property, then you went into a purchase believing that you’d have access that you don’t have now. This kind of real-estate dispute is significant and could have major implications if you intended to build on your land or dig under. You may want to discuss the problem with your real estate attorney because you may be in a position to file a lawsuit against the seller or another party. It’s important to get the full story before you pursue a claim or lawsuit, to understand the local laws and to know exactly how the lack of rights to your land will affect your purchase.
