What Are Mineral Rights?
Mineral rights are the ownership rights to the minerals beneath the surface of a piece of land — such as oil, gas, phosphate, and other deposits. Importantly, mineral rights can be separated ("severed") from the surface rights, so one person can own the land while another owns what lies beneath it. This split is the source of many title questions.
Surface vs. Subsurface Ownership
- Surface rights — the right to use and build on the land
- Mineral (subsurface) rights — the right to extract minerals below it
- When severed, the mineral owner may hold a right of reasonable access to reach the minerals, which can burden the surface
Mineral Rights in Florida
In Florida, many deeds — especially from developers and phosphate-region sellers — reserve mineral rights to a prior owner, meaning the buyer of the surface does not get the minerals. Because a severed mineral interest and any reserved access can affect value and use, a Florida title search should reveal mineral reservations, and buyers should review them before closing. Florida law also addresses ancient or dormant mineral reservations through specific statutes.
Related Terms
- Title — Where mineral reservations appear
- Easement — Often needed for mineral access
- Chain of Title — Where a severance is recorded
Barnes Walker Real Estate
Barnes Walker's real estate attorneys and title team review mineral reservations and surface-rights issues on Florida transactions. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC