Property Ownership
In Idaho, what is 'surface rights' vs. 'mineral rights' in property ownership?
AThey are always owned together and cannot be separated
BSurface rights are the right to use and occupy the land surface; mineral rights are the right to extract minerals beneath the surface — they can be owned separately through severance✓ Correct
CSurface rights apply to residential; mineral rights to commercial
DOnly the state owns mineral rights in Idaho
Explanation
Surface rights and mineral rights can be severed and owned separately in Idaho. If a previous owner severed mineral rights, the surface owner may not have the right to extract oil, gas, or other minerals below the surface. Severed mineral rights must be disclosed in Idaho real estate transactions as they can materially affect property use and value.
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