What are the legal issues concerning surface use and subsurface rights?

Surface use and subsurface rights are two important legal concerns in North Carolina oil and gas law. Surface use includes activities such as drilling oil and gas wells, laying pipelines, and storing and distributing products to other locations. Subsurface rights refer to the ownership and control of the land and resources below the ground. Under North Carolina law, surface use and subsurface rights are distinct and separate legal issues, each with its own unique set of considerations. The surface owner has the right to the surface and all property above the ground. This includes the right to use the surface of the land for activities such as farming, forestry, recreation, and construction projects. This also includes the right to access subsurface resources if they are needed for such activities. The subsurface rights owner, on the other hand, has the rights to the minerals, oil, gas, and other resources below the ground. This includes the right to extract and use these resources, provided the permission of the surface owner is obtained. The subsurface rights owner, however, does not own the surface of the land, and therefore cannot undertake any activities on the surface without the permission of the surface owner. It is important to understand the separate legal issues related to surface use and subsurface rights in order to ensure that all parties are properly informed and protected when engaging in activities related to North Carolina oil and gas law.

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What are the legal issues concerning surface use and subsurface rights?

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