Mineral Right

• Author: Jeffrey Lehman, Shirelle Phelps

Page 77

An interest in minerals in land, with or without ownership of the surface of the land. A right to take minerals or a right to receive a royalty.

Mineral right is a term encompassing all the ways a person can have a possessory interest in minerals in the ground. It includes the right to enter the land and occupy it in order to remove the minerals. Mineral rights can be retained when land is sold or conveyed, thus making it possible for someone to own the right to mine the minerals without owning the land. A right of entry onto the land can be held by the grantor who retains the mineral rights, or other arrangements can be made to gain access to the minerals. Mineral rights can be leased or sold. A landowner who leases mineral rights...