Property Ownership

In Montana, mineral rights can be severed from surface rights, meaning that:

AThe surface owner always retains oil and gas rights

BA separate deed can convey mineral rights to a different party than the surface owner✓ Correct

CMineral rights can only be sold to the federal government

DSurface owners are always responsible for mining activity

Explanation

Montana allows the severance of mineral rights from surface rights through a separate deed or reservation. The mineral estate owner has the right (with some limitations) to access the surface for extraction purposes, which is a critical consideration in Montana ranch and agricultural transactions.

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Key Terms to Know

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Tenancy in Common

Co-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.

Right of First Refusal

A contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.