Property Ownership

What is the difference between surface rights and subsurface (mineral) rights in Nevada?

AThey are the same; the surface owner always owns the mineral rights
BSurface rights govern use of the land surface; subsurface (mineral) rights include rights to oil, gas, minerals, and groundwater beneath the surface — these can be severed and owned separately✓ Correct
CIn Nevada, the federal government always owns mineral rights
DSubsurface rights only apply to mining claims, not real estate

Explanation

Nevada's mining history means that surface rights and mineral rights are frequently severed — owned by different parties. A buyer of surface rights may not own the minerals below. Buyers should verify whether mineral rights are included in a sale and whether any mineral extraction rights burden the surface.

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