Three Bottom Lines
1) Get professional assistance: Mineral rights and mineral lease transactions involve large amounts of money and are very complex. This article is intended to be no more than a brief introduction. If you are contacted about leasing or selling your mineral rights you should promptly get advice from an attorney who has expertise in mineral transactions and the laws of your state. If you do not have an attorney you can contact the local Bar Association for guidance.
2) The surface owner has rights: In general, the purpose of a lease or a purchase contract is to convey the rights of exploration and production to a mineral development company. However, the owner of the surface also has some rights. Basic rights of the surface owner are provided by state laws, however, every surface owner should decide if stronger protections are needed. The only way to preserve them is to be sure that the contract contains adequate language to protect crops, livestock, buildings, personal property, access and any other desires during the duration of a lease or permanently in the case of a sale.
3) Buyers and sellers beware: If you want a good financial outcome and protection for your property during and after mineral production it is up to you and your attorney to be sure that you have a good contract. Knowledge and negotiating skills are what will determine the success of your deal. If you don't have these you are taking a huge risk.
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