Mineral Rights: What They Are and Why People Invest in Them

A variety of minerals can be found under theagreement between the owner and the mining
earth’s surface. They include fossil fuels like oil,company involves the owner keeping the possession
natural gas, and coal, metals and metal bearing oresof the land whereas the mining company acquiring
like gold, copper and iron, non-metallic minerals andthe rights to the subsurface. This transaction
mineable rock products such as limestone, gypsum,generally involves all mineral commodities either
building stones and salt. They may also include sand,known or unknown that exist beneath the land or in
gravel, peat, marl, etc.other cases one party may limit the transaction to a
A mineral right is a right to extract a mineral from thespecific mineral commodity.
earth or to receive royalty for letting the miningA mineral right falls under property rights and may be
company extract minerals.sold, transferred, or leased in a similar manner as
Depending on the jurisdiction in the United Statesother property rights. They are distinct from surface
that supports Mineral rights, land rights may berights or the right to the use of the surface of the
separated from mineral, mining, oil or drilling rightsland for residential, agricultural, recreational,
which are rights to remove minerals, oil, or evencommercial, or other purposes and may be sold or
water that may be contained in and under land. Theretained separately from the surface rights, in which
owner may choose to sell the underground mineralscase the mineral rights are said to be
but may desire to retain the possession and control“severed.”
of the surface. This works out for the miningUnless severed interest is sold, leased, mortgaged, or
company since they don’t want to pay totransferred by recorded instrument within the
acquire the property but are only interested in the20-year period, severed oil or gas rights revert to
minerals underneath that property. A typicalthe surface owner after twenty years.