Mineral rights vs surface rights

[pittsflyer]

Originally Posted by oldtrader

If you are in a housing tract of city lots, you can expect there are no gas and mineral rights with the property. If there are, the city is not going to allow drilling in your back yard,due to safety factors. And that includes how is the gas or oil you drill for, going to be trucked out of the area. Larger parcels in the country are another different story.

That's the issue in Colorado now, and the mineral rights holders are fighting it politically, they are acting like indignant spoiled children who think it is their god given right to mow down houses and punch holes in the ground.


The city/state probably wont allow it but it is the fact that these sort of man children can even gain traction and that there are still people that defend this sort of behavior. If you are disrupting someone's life without proper compensation then YOU are in the wrong.


I will agree with some other posters that surface rights being subservient to mineral rights is a 19th century relic. You want to tear everything up and make the house unlivable or make a racket and kick up dust, guess what I will fight it.

[BoBromhal]

Originally Posted by pittsflyer

Is the consumer made to fight the title company in court or does their insurance pick up the tab to buy them out of the property?

I don't know what state you live in ... but if the entity who represented you (if they represent the buyer in your state) that pulled the title history and didn't advise you of the prior sale of mineral rights - they would be liable.

Since I have no idea what the insurance requirements (for that title opinion provider) are in your state, I cannot tell you how hard it would be to seek relief.

I can tell you that I know of law firms (and realtors) that, by making similar mistakes, have paid out very large settlements.