what are the surface rights in real property course hero

What is the difference between surface rights and mineral rights?

Apr 25, 2017 · Question 23 of 40 2.5/ 2.5 Points What are surface rights in real property? A. the right to possess the earth beneath the land B. the right to occupy the land C. the right to possess personal property D. the right to convert personal property to negotiable instruments

What are subsurface rights?

Oct 22, 2015 · Surface rights are the rights to use or sell the surface of the earth whereas subsurface rights are rights on the the surface below the earth. Vegetations and plants can become real property when they are syill growing on land. Real property refers to land and anything growing on it or affixed to it .

What's the difference between surface rights and air rights?

rights to minerals located beneath the surface and water rights for water located on or beneath the surface of the land. 4. A fixture is an article of personal property, such as an air-conditioning unit or a dishwasher, that has been installed in or attached to land or a building and, on attachment, is regarded by the law as part of the real property. 5.

What does it mean to reserve mineral rights in real estate?

Feb 14, 2021 · Right to use property as collateral through a mortgage. Step-by-step explanation Therefore, your ownership rights to real property include the right to use the surface of the land, called "surface rights." You also have a right to use what is under the surface, such as oil, gas, and minerals. These are called "subsurface rights."

What are subsurface rights?

Subsurface rights are rights to substances in the ground, extending form the surface of the earth to the center of the earth, such as minerals, water, gas, and oil. Minerals, etc., are real property. Subsurface rights may be leased or sold while maintaining surface rights. The separation of subsurface rights from surface rights is called lateral severance. Such separation could give one with a subsurface estate (rights to minerals) the right to drill on the land of someone who owns the surface estate. If the surface estate owner wants to prevent the mineral estate owner from drilling, the surface estate owner must obtain and reserve sole rights to the surface estate. Thus the mineral estate owner would have to enter through an adjacent property.

How to distinguish real from personal property?

As a general rule, the primary way of distinguishing real from personal property is whether the item is permanently attached to the land or to a structure attached to the land. Also, whether an object becomes real estate depends on whether it was attached with the intention of being permanently affixed. Four considerations determine whether something was intended to be attached permanently and thus is a fixture: (1) manner of attachment,(2) adaptation, (3) existence of an agreement and (4) relationships of the parties.

What is an undivided interest in real estate?

An undivided interest is ownership by two or more people with each having the right to use the entire property. Some examples of interests in land are:

What is an appurtenance?

An appurtenance is something that passes with the land, but is not necessarily a part of the land. An appurtenance may also be defined as something that belongs to the land, but not forever.

What is real estate attached to?

Anything attached to land in a permanent way is considered a part of the land and so is real estate. Thus buildings, fences, roads landscaping, and so on are real estate. These are called improvements because they improve or develop the land.

How can real property be changed to personal property?

Real property can be changed to personal property by severance. A growing tree, for example, is real estate. Once cut down by the owner, though, it becomes personal property, since it was severed from or separated from the land. It is no longer permanently attached. Real property, then, can become personal property by detaching it from the land or structure affixed to the land, and personal property can become real property by attaching it to the land or a structure attached to the land.

What is personal property?

Personal property is something that is moveable or temporary, such as a pen, chair, clothing, money, bank account, etc. It is also composed of temporary interests in real estate--leasehold estates. Personal property is referred to as personalty or chattel. The word chattel is the old English word for cattle, which are personal property.

What is the sale of subsurface rights?

The sale of only a property's subsurface rights is actually fairly common. Sometimes a property will be sold, but the seller will reserve the mineral rights to the land. This means that the seller still has the right to mine the land or excavate materials from the land.

What is the ownership of real property?

Ownership of Real Property. Ownership of real property is unique, in that an owner will acquire many different types of rights associated with the land. These extended land rights are often referred to as a bundle of rights. The bundle consists of a variety of privileges, including rights to the surface of your land and to ...

What is a bundle of land rights?

These extended land rights are often referred to as a bundle of rights. The bundle consists of a variety of privileges, including surface rights, air rights and subsurface rights. Surface rights are rights to use, improve, and sell the surface of the land.

Can subsurface rights be sold alone?

Like surface and air rights, subsur face rights can be bought, leased or sold alone. Again, note that land usually comes with a bundle of rights. This bundle of rights includes subsurface rights, but those rights can also be separate from the bundle.

Is air rights a bundle?

Remember that land usually comes with a bundle of rights that includes air rights, but those rights can also be separate from the bundle. The sale of only a property's air rights is somewhat unusual, but it's becoming more commonplace in densely populated areas.

Is air rights more limited than surface rights?

Air rights are usually more limited than surface rights. These rights aren't usually absolute. This means that others can also use the space above my land, if it's reasonable and necessary for others to do so. For example, I can't limit the space above my land to an aircraft.

Can a seller convey subsurface rights?

In these areas, it's not unusual to find real estate that has had the subsurface rights previously severed. A seller may not possess the subsurface rights, and therefore, can't convey those rights when he or she sells the property. For example, let's take another look at that land I bought.