What is the legal definition of a mineral estate?

The legal definition of a mineral estate is the ownership of the subsurface rights to minerals, such as oil and gas, on a given parcel of land. According to California law, the mineral estate is distinct from the ownership of land surface rights, or the title to the land itself. This means that a single individual or entity may own the surface rights to the land, while a different owner may have exclusive rights to whatever oil and gas reserves are beneath the surface. Under California law, the mineral estate is further classified into two types: a vested mineral estate (also known as a “fee simple” estate), and a non-vested mineral estate (also called “split estate”). A vested mineral estate refers to a situation where a single owner holds both the surface and mineral rights, while a non-vested mineral estate is when two separate individuals or entities hold the surface and mineral rights respectively. The most important legal concept to keep in mind when considering a mineral estate is that all surface rights are subservient to the mineral rights. This means that mineral estate owners have the exclusive right to develop the oil and gas reserves beneath the surface, even if this development conflicts with the interests of the land owner. As such, it is important for both parties to seek the advice of a professional real estate attorney before engaging in a mineral estate agreement.

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What is the legal definition of a mineral estate?

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