posted on Mar, 10 2013 @ 07:43 AM
reply to post by Glinda
PA real estate is unique, as landowners are NOT the holders of the mineral rights below.
PA real estate is NOT unique in that regard. In fact that is common practice ALL OVER THE WORLD; not absolute, but COMMON. Surface and Mineral rights
are two different things, and in most states it is quite complicated.
In Texas, the rule has changed many times, originally, a land grant was for surface rights, and did not include mineral rights unless specifically
mentioned on the grant. This was from Spanish colonial times right up to the late 19th century at least. There are now a variety rights for different
minerals. In Arizona, it is equally complicated.
In Australia, the Crown owns all mineral rights, period. Surface rights owners have very little recourse when a developer wants to access the property
to exploit the mineral rights underneath.
I will not go on and on. I'll just point out that anyplace that has mineral rights and surface rights tied as a matter of course is 'unique', not