What do subsurface rights refer to in real estate?

Subsurface rights pertain specifically to the ownership of resources found beneath the earth's surface, including minerals, water, and oil. This concept is significant in real estate as it delineates who has the legal entitlement to the resources located underground. Understanding subsurface rights is essential for landowners and potential buyers as it affects both the value of the property and the potential for resource extraction.

In contexts where subsurface rights are separated from surface rights, the person or entity owning the subsurface rights can extract these resources notwithstanding the ownership of the land above them. This distinction can lead to complex legal situations where landowners must negotiate or share their property with those who hold rights to what lies beneath.

This definition highlights the importance of subsurface rights in real estate and allows for the transactional and legal implications that come with these rights.