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

Yes, a person can lease a mineral interest without owning the surface rights in South Carolina. This is because minerals are a type of property that can be owned in a separate estate from the land itself. Owning the mineral rights gives a person the legal authority to explore for, produce, and sell oil and gas found within the underground land. A mineral estate can be separated from the surface estate through different means. In South Carolina, a mineral lease is commonly used to separate the mineral estate from the surface estate. A mineral lease is a document that exists between a landowner and a person or company interested in exploring and producing oil and gas. Through the lease, the mineral owner may have some control over the production operations and activities performed on the property. However, some landowners may not own the mineral estate and still be able to sign a mineral lease in South Carolina. This is possible by having a legal interest in the minerals. An example of this is when a person obtains title to a particular property that includes a mineral estate. This means that the mineral estate owner can lease the mineral interest even though they do not own the surface estate. No matter who owns the mineral estate, the South Carolina Oil and Gas Act establishes protections for mineral owners. It also requires that the process of exploration and production must comply with the law, protecting both the surface estate owner and the mineral estate owner.

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

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