Why Buyers Should Check Surface and Mineral Rights Before Purchasing Land

The homebuying process often introduces buyers to a whole new set of terms, from PITI, or principal, interest, taxes, and insurance, to DTI, or debt-to-income ratio.

But some issues do not come up until it may be too late. A Georgia real estate agent says surface and mineral rights are among the most important things to understand when shopping for property, especially for anyone planning to buy land for a custom home.

According to TikToker @songsofarealtor, those rights can significantly affect what you can do with a property. If another company or agency owns them, it may be able to excavate on the land without the buyer’s approval, depending on local rules.

In some situations, that could even slow down construction on a new home. She also explains how buyers can find out who owns the surface and mineral rights before closing.

Surface and Mineral Rights Can Be Revealed in a Detailed Title Search

@songsofarealtor If you want to buy land to build a custom home, make sure you check the deed to confirm you own the surface and mineral rights! How to buy land! #landforsale #realestate #homebuyer #firsttimehomebuyer #homebuyertips ♬ original sound – Maxxi | The Comfy Realtor

In her video, Maxxi used a hypothetical example. She asked viewers to picture closing on a 20-acre tract of land and later getting a call from a company that says it intends to begin mining granite there, offering to pay the homeowner for the digging once production is complete.

She says a situation like that can happen when a buyer owns only the surface rights. In that case, whoever holds the mineral rights has legal access to the minerals beneath the property. Maxxi explains that this often occurs when a title search confirms surface ownership but does not uncover previously separated mineral rights.

“So PSA to all my people who are in the market to buy a piece of land,” she said. “It is very important for you to check the deed before purchasing the land to make sure you own the surface and subsurface and mineral rights to the property you are purchasing.”

Commenters Shared Additional Advice

Many of Maxxi’s followers appeared to already know about the issue and added their own tips in the comments. One person wrote, “Surface, air, and water rights. Check them all.” Another asked what someone could do with air rights, leading another commenter to note that they can affect how tall a home is allowed to be.

“It’s actually harder than people think to retain mineral rights, especially if the land has changed ownership. Hiring a landman to research mineral rights can be important,” another commenter added.

Not every buyer has to worry about this, however. According to Pheasant Energy, mineral rights are not separated in all states, so extra research is still important before making a purchase. That is especially true in states where split ownership is more common, including Texas, Oklahoma, Louisiana, Alaska, Wyoming, and West Virginia.