ND Oil & Gas Law

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Surface Rights & Mineral Rights

Surface rights and mineral rights are distinction property interests. This page introduces two legal rights as well as the relationship between them. A key point is that mineral rights dominate over surface rights -- sometimes to the disappointment of a surface owner who does not also own the mineral rights.
Mineral & Surface Rights Relationships
Surface and mineral rights are distinct legal rights that may or may not be owned by the same person.
Hunt Oil Company v. Kerbaugh
The North Dakota Supreme Court explains the legal relationship between mineral rights and surface rights in this court decision.

Email: david.saxowsky@ndsu.edu

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