Can I lease a mineral interest without owning the surface rights?

Yes, you can lease a mineral interest without owning the surface rights in Massachusetts. This is known as split estate mineral rights, where the surface and subsurface are owned by different parties. Generally, the surface rights are owned by the surface owner, and the subsurface rights, or mineral rights, are owned by the mineral owner. The mineral owner has the right to extract, develop, and market oil, gas, and other minerals from the subsurface without the surface owner’s permission. The mineral owner typically signs a lease with an oil and gas company that gives the company the right to explore and produce oil, gas, and other minerals from the ground. The mineral owner is then paid royalties on the output of the wells. It is important to note that if the surface and subsurface rights have been split, the mineral owner must adhere to certain safety regulations and must take steps to minimize damage to third-party property from their operations. If those safety regulations are not met, then the surface owner may have to bear the costs of remediation. In Massachusetts, the law governing the relationship between a surface owner and a mineral owner is called the Oil and Gas Act. Before entering into a mineral lease, it is important to seek legal advice to understand your rights and responsibilities.

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Can I lease a mineral interest without owning the surface rights?

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