Most buyers are concerned with the surface when purchasing real estate like a single-family residence, a piece of vacant land, or a large commercial building. Square footage, location, zoning, and access are on their minds. But what’s beneath the surface can be equally significant—and in some instances, much more complex.
Enter the mineral search, a crucial yet frequently neglected real estate due diligence component. We provide assistance to buyers of property and legal practitioners in identifying possible mineral rights complications affecting ownership, value, and further utilization of the land. In this article, we describe what a mineral search constitutes, its importance in safeguarding an investment, and how we assist you in maneuvering through this convoluted sphere of property law.
A mineral search is a form of title research that delves into the ownership of mineral rights that belong to a parcel of land. Although you may think buying land includes owning everything above and below it, that is not necessarily so.
Mineral rights—such as oil, gas, coal, and other subsurface resources—can be separated from surface rights. One individual may own the surface land, while another owns the underlying minerals. These mineral rights can be leased, sold, transferred by will, or held by former owners even many years after the surface property has changed hands.
A mineral search determines:
Mineral rights can significantly impact property rights, value, and peace of mind. Here’s why knowing about them is so crucial:
If mineral rights belong to another party, they might be legally entitled to enter the surface for exploration or extraction, even though you own the home or property. In some areas, access is legally safeguarded, and this might result in:
Knowing who owns the mineral rights allows you to assess these risks before you buy.
If you buy land to build on or develop, mineral rights could impact construction plans or future resale value. Buyers and investors should be aware of:
If an earlier owner executed a mineral lease, you might inherit responsibilities or limitations on the property—even without your knowledge. A proper mineral search will reveal any active or lapsed agreements before you buy so you can steer clear of unexpected legal problems in the future.
At Abstracts of McIntosh County, Inc., our mineral search work is meticulous, precise, and customized to your particular transaction. A typical mineral search entails:
Our staff of seasoned abstractors digs deep into county courthouse records, state archives, and state mineral databases to provide a comprehensive picture of underground ownership.
Mineral searches are not only for oil and gas operators. Numerous real estate agents and property owners find this helpful research, including:
Knowing the status of mineral rights can defend your investment and prevent future controversy, even when you do not intend to drill or mine.
A recent client called Abstracts of McIntosh County, Inc., before purchasing a closing on a 10-acre rural tract. They wished to build a custom residence and create a livestock operation. Our search disclosed the mineral rights had been severed 40 years prior and leased to a local energy concern. The lease came with surface use rights—indicating drilling could lawfully take place on their prospective homeplace.
Due to this, the purchaser renegotiated the sale price and planned to acquire the mineral rights. Without the search for minerals, they could have found the problem only after building, when it would have been too late.
As a reputable name in title and property research, Abstracts of McIntosh County, Inc. provides the following:
Whether purchasing land, acting on behalf of a client, or investing in rural real estate, our mineral searches give you the clarity you require to make informed choices. In real estate, what you don’t see can hurt you. Mineral rights problems are usually buried deep within old records, but they can surface with devastating effects for buyers and owners.
A professional mineral search through Abstracts of McIntosh County, Inc. helps you understand exactly what you’re buying to protect your investment and avoid future headaches.