What are subsurface rights?

What are subsurface rights?

On Behalf of | Sep 22, 2020 | Commercial Real Estate |

Some properties come with very specific rights for the owner. There are two types of rights that you should know about when you’re considering properties to buy. Even if you’ve already purchased the property, finding out about these rights might be beneficial.

Surface rights mean that the owners have the rights to use everything that’s above the surface of the ground. This includes things like trees, buildings, water access and similar features. These are easy to see and are often considered standard when a person purchases a property.

The subsurface rights to a property are the ones that you can’t see. These can be owned solely by the property owner, but they might also be owned by other entities. In some cases, you’ll notice things like mineral rights noted in the sale documents. It’s imperative that you understand exactly what you have the rights to so you can determine what you should do with them.

It’s possible that you might own the subsurface rights alone when you purchase the property. In some cases, you might be able to sell those rights. For example, companies will often want to purchase the rights to natural gas or oil that’s found beneath the surface of the property.

Anyone who has any questions about the subsurface rights of a property should discuss this matter with their attorney. In some cases, it might behoove individuals and businesses that are considering purchasing properties in which subsurface rights might be an issue to find out exactly what rights they’ll have after the purchase and what this means for them.