Mineral Rights in Florida
FL mineral rights: ownership of subsurface minerals (oil, gas, phosphate, limestone, sand). Surface owner typically owns unless severed. Transfer: mineral deed or reservation (expressly stated). Record (Section 695.11). Lease: royalty payments for extraction. Issues: severance (affects value), access (dominant mineral estate), environmental (Chapter 378 reclamation, Chapter 403 permitting), and title (note exception if severed). FL: major phosphate (Polk, Hillsborough, Hardee). Disputes: access, damage, royalties.
Ownership
- Surface owner typically owns
- Can be severed and sold
- FL: major phosphate state
Transfer
- Mineral deed or reservation
- Must be express
- Lease for royalties
Legal Issues
- Access: dominant mineral estate
- Environmental: Chapters 378, 403
- Title: note if severed
Related Terms
- Subsurface Rights — FL specifics
Barnes Walker Real Estate
Barnes Walker’s attorneys handle mineral rights in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC