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

Yes, you can lease a mineral interest without owning the surface rights in North Carolina. This is a common practice in oil and gas law and is known as a split estate. In this situation, the mineral estate and the surface estate are owned by two different parties. The mineral owner has the exclusive right to explore for oil and gas beneath the surface, as well as the right to lease those minerals to someone else. This means that the mineral owner has the right to enter into a mineral lease agreement to explore for and exploit the minerals. The surface owner, on the other hand, owns the rights to the surface of the land. This includes the right of ingress and egress, meaning the surface owner has the right to be on and traverse the land. However, they do not have the right to exploit the minerals beneath the surface. In North Carolina, mineral owners may lease their interests without owning the surface rights. However, the surface owner must be compensated for any use of their land, such as roads or pipelines, that are necessary for the use and exploration of the mineral estate. The mineral owner must also respect the rights of the surface owner in any activities related to the mineral estate.

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

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