Buying Land with Mineral Rights in 2025 — What You Need to Know

by matt hammerly July 25, 2025

Introduction

You’ve found the perfect parcel — good price, great location, no HOA…

But the listing says: “Mineral rights not included.”

What does that even mean?

Do you still own the land? Could someone mine on it? Drill for oil? Dig for gold?

This post explains what mineral rights are, how they impact your land, and what to look out for — whether you're investing or building.

🧱 What Are Mineral Rights?

When you buy land, you typically gain surface rights — the right to use the land’s surface.

But mineral rights are separate.

They refer to the ownership of subsurface resources, including:

Oil
Gas
Gold
Gravel
Clay
Salt
Coal
Any extractable minerals

🧠 Key Concept:

The surface and the minerals can be split and sold separately.

This means someone else could own what’s beneath your land — even if you hold the deed.

🧾 Surface Rights vs. Mineral Rights

Rights Type	What You Control
Surface Rights	Buildings, farming, trees, water access
Mineral Rights	What lies beneath: oil, gas, gold, gravel, etc.

You can:

Buy land with both rights
Buy land with surface only (minerals already sold)
Buy land where mineral rights are leased out to a company

⚠️ Why It Matters for Land Buyers

Here’s what could happen if you don’t own the mineral rights:

1. Drilling or Mining Could Happen

The mineral owner (or leaseholder) could legally enter your land to extract resources
Usually must compensate you — but they don’t need your permission

2. You Can’t Stop It

If extraction rights exist, you can’t legally block access to underground minerals
They may build access roads, install equipment, or drill on your property

3. It Can Hurt Value or Use

Difficult to build a home near an active mining or drilling site
Noise, dust, and access issues
May lower resale value or cause land disputes

✅ Can You Buy Back the Mineral Rights?

Sometimes, yes.

You can:

Check the county deed records for mineral ownership
Ask the seller if they still own the rights
Negotiate to include them in the sale

💡 Tip: Always ask the seller or title company:
“Are the mineral rights included with this sale?”

🧭 Real Example: Buying Land in New Mexico

One investor bought 10 acres in New Mexico for off-grid living.
The land was cheap — but the mineral rights were held by an energy company.

Six months later, the company began exploring for gas and sent survey crews onto the land.
The investor couldn’t stop them — and had to relocate their cabin project.

🔍 What to Ask Before You Buy

Are mineral rights included?
Have they been leased, sold, or retained?
Is there a history of mining or drilling nearby?
Will the title company insure mineral ownership?
Is a quitclaim or warranty deed being used?

🏷️ Does Land Without Mineral Rights Still Have Value?

Yes — in many cases, surface-only land is still a great investment if:

The mineral rights are dormant or inactive
The location is far from energy/mining activity
You’re using the land for camping, timber, or short-term use

But if you're planning to build a home or homestead long-term, it’s worth seeking land with both surface and mineral rights.

Final Thoughts

Buying land in 2025 means being aware of everything above and below the surface.

Mineral rights don’t always affect you — but when they do, they can change everything.

Before buying, always check what rights you're getting.
Better to ask now than be surprised later.

Want Land With Clear Rights?

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