Do You Own What’s Below? Surface vs Mineral Rights Explained (2025 Guide)

by matt hammerly

Introduction

You bought land. It's yours now—right?

But what if someone else owns what’s beneath your feet?

In 2025, not all land purchases include full ownership. Sometimes, you're only buying the surface—and the mineral rights (the valuable stuff underground) still belong to someone else.

This guide explains:

  • What surface and mineral rights really mean

  • Whether you own oil, gas, gold, or gravel on your land

  • What to look for in your deed or title

  • How to protect yourself as a buyer

🧱 Surface Rights vs. Mineral Rights: What’s the Difference?

When you buy land, your ownership typically comes in two layers:

🟩 Surface Rights

  • You control what’s on top of the land:
    🏕 buildings, crops, fences, hunting, camping, etc.

  • This is what most buyers assume they’re getting

⛏ Mineral Rights

  • You control what’s underneath:
    🛢 oil, gas, gold, gravel, coal, etc.

  • These can be extremely valuable — or already owned by someone else

💡 Key Fact: Surface and mineral rights can be severed, meaning you may own one but not the other.

🔍 How Do You Know If You Own the Mineral Rights?

Check the:

  • Title report

  • Deed language

  • Preliminary title commitment from the title company

Look for terms like:

  • “Seller retains mineral rights” ❌

  • “Mineral rights excluded” ❌

  • “Fee simple absolute” ✅ (usually includes both)

📘 Learn how to read deeds in the Free Land Investing Bible

🛑 What Happens If Someone Else Owns the Mineral Rights?

If a previous owner or a company owns the mineral rights, they might:

  • Lease the rights to a drilling or mining company

  • Enter your land (even against your wishes)

  • Disturb or damage the surface during extraction

  • Pay you nothing — they don’t owe you compensation if they own the rights

Yes — even if you "own" the land, you may not be able to stop oil drilling on it.

🧭 Where Mineral Rights Are a Big Deal

These states have active mineral markets:

  • Texas – Oil & gas leases everywhere

  • New Mexico – Natural gas, uranium

  • Colorado – Fracking and energy drilling

  • Oklahoma – Oil-rich but often severed rights

  • West Virginia – Coal and natural gas

Want land without extraction risks?
👉 Use Our Land Finder Tool to Match Surface-Control Land

🛠️ Can You Buy Back or Keep Mineral Rights?

Yes — but it must be:

  • Specified in your purchase contract

  • Recorded on your deed/title

  • Researched with a mineral rights attorney if uncertain

💡 Ask the seller upfront:

“Do mineral rights transfer with the sale?”

If not, negotiate or lower your offer to account for the risk.

💰 Can You Make Money from Mineral Rights?

Absolutely — if you own them, you can:

  • Sell them outright

  • Lease them to a drilling or mining company

  • Receive royalty payments for any resources extracted

🛑 But if you don’t own them — someone else profits, not you.

📘 Want a Full Ownership Checklist?

📘 Download the Free 30-Page Land Investing Bible

Inside:

  • Surface vs. subsurface explained

  • How to request mineral records from the county

  • Legal protections for surface-only owners

  • Questions to ask the title company

  • Red flags to avoid in land contracts

Final Thoughts

Most land buyers in 2025 focus on what they see—trees, soil, views, access.

But smart investors go deeper.

Knowing whether you own the surface and subsurface rights can make or break a deal, especially if:

  • You plan to develop the land

  • You want peace and quiet

  • You’re considering long-term appreciation

  • You’re thinking about natural resources or resale

At Discount Land Investing, we help you understand what you’re truly buying—not just the dirt, but everything beneath it.

Want Land You Fully Own—Above and Below?

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