Mineral ownership grants the right to use the surface estate to the extent reasonably necessary for the exploration, development, and production of the minerals under the property with or without ownership of the surface of the land or the need for consent from the surface owner. In the absence of the mineral activity, the inclusion or exclusion of minerals is typically considered a non-issue, given little or no thought. Many who own land are even unaware of their mineral ownership status because severed mineral ownership is difficult to identify. Recent increases in mineral exploration and production activities have sparked a growing interest in mineral rights ownership, especially where oil and gas operations are being conducted in the vicinity. Mining claims are becoming an area of greater interest in Colorado for purposes of real estate development given the high demand for properties and dwindling inventory, especially in the Front Range area. The complicated title issues related to mining claims and patents present significant challenges to potential buyers and sellers of these properties.

This course provides a starting point through a basic introduction to mineral rights, including mining claims, mining claim patents, severed minerals and oil and gas leases. By taking this course brokers will understand the complexity of mineral rights and properties involving severed oil and gas and mining claims in Colorado, and why clients need to retain a lawyer to navigate these complexities.