Property Ownership
In New Mexico, 'mineral rights' can be severed from 'surface rights.' When minerals are severed, which estate is considered dominant?
AThe surface estate
BThe mineral estate — mineral owners have the right to access and extract minerals even over the surface owner's objection✓ Correct
CThey have equal rights
DThe estate recorded first in the county
Explanation
In New Mexico and most oil and gas states, the mineral estate is considered dominant — mineral right owners have the right (subject to reasonable accommodation) to use the surface to access and extract minerals, which is critical in NM ranch and oil patch country.
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