posted on Jun, 18 2009 @ 10:48 PM
Owning land, but not the mineral rights is not uncommon in the West. It isn't a conspiracy, just a function of the selling of real estate there over
the years. If you bought land, but not the mineral rights, to dig (or drill) is trespassing and theft just as surely as if you had sucked the water
out of your neighbor's pool to fill your own.
I know people in Texas who pay royalties to the owner of the mineral rights under their land for their water wells. It is simple enough, the well
extends from their property into that of another, and removes something of value, for which they pay. In one example, as I recall, per his deed, he
owns the top 2' of the soil, which is enough to dig footings for a house, but he could never dig a basement without permission of the mineral rights