Property Ownership

In South Carolina, 'severance' of mineral rights from surface rights means:

AThe property is divided into two separate parcels

BMineral rights are sold or transferred separately from the surface ownership✓ Correct

CThe owner loses all rights to the property

DA court removes mineral rights from the property

Explanation

When mineral rights are severed from surface rights, two separate estates exist: the surface estate and the mineral estate. Each can be owned, sold, and transferred independently.

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Key Terms to Know

Chain of Title

The sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.

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.

Deed

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