Where do subsurface rights extend to?

Subsurface rights. Subsurface rights apply to land beneath the surface of the real estate parcel extending from its surface boundaries downward to the center Page 6 Chapter 2: Rights in Real Estate 21 of the earth.

What is subsurface rights in real estate?

Subsurface rights are the rights to extract minerals from below the surface of the land.

What are the two basic types of easements?

There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement’s land, such as travel on a road through the grantor’s land.

What are the classification of easement?

Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.

Is subsurface real property?

Definition of “Subsurface rights” The owner of real property generally has exclusive rights to the soil and minerals underneath the land. In many areas, subsurface rights can be extremely valuable because of the existence of oil, natural gas, and minerals, and those must be acquired separately.

What is considered subsurface?

: of, relating to, or being something located beneath a surface and especially underground.

What does an easement mean on a property?

An easement is a real estate ownership right (an “encumbrance on the title”) granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. Easement owners have a legal right to maintain the easement and have a legal right of access across the easement.

What is apparent easement?

Easements are either continuous or discontinuous, apparent or non-apparent. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign.

What is a positive easement?

Easements can be positive or negative. A common example of a positive easement is a right of way a dominant owner might enjoy over servient land. The easement cannot be too vague or wide or oust the burdened (servient) owner from its own right to control the land.

Can you sell subsurface rights?

If you own your property’s mineral rights, then there are a few ways that you can utilize your asset. Mineral rights can be sold or leased in a split estate. Here, you can either sell your mineral rights to an interested party or lease your mineral rights to an oil and gas company.

What does it mean to have a surface easement?

A surface easement comes with an agreement that empowers another person or entity to use the land beneath the owned property. Depending on what they want to do beneath the land, this might require them to use the top of the land as well.

Why was there a subsurface easement on the Madzia property?

Eclipse’s position, therefore, is that the Subsurface Easement was intended to preserve Eclipse’s right to maintain wellbores in the Madzia Property even if it were to assign its leasehold rights to those portions of the Madzia Property to Chesapeake.

Is the right to lateral support an easement?

The right to lateral support is not so much an easement, as it is a right incident to the ownership of the respective lands. Village of Haverstraw v. Eckerson,192 N.Y. 54 (1908). \^The natural right of support, as between the owners of contiguous lands, exists in respect of lands only, and not in respect of buildings or erections thereon.

Where can I find an easement on my property?

An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation. Consequently, it is necessary to carefully physically inspect the land in question to determine if there are easements.