Property Ownership
In Tennessee, a mineral rights owner whose minerals are separated from the surface estate may enter the surface to:
ABuild permanent structures without surface owner consent
BExtract minerals using reasonable and necessary means, but must minimize surface damage✓ Correct
CSell the surface estate without the surface owner's knowledge
DPrevent the surface owner from building on the property
Explanation
In Tennessee, the mineral estate owner has the right to extract minerals and must use reasonable means to access the minerals. Tennessee's Surface Use Act may govern certain aspects of the relationship between mineral owners and surface owners to reduce surface damage.
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Key Terms to Know
Fee Simple
The highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.
Joint TenancyCo-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 CommonCo-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.
Listing AgreementA contract between a property owner and a real estate broker that authorizes the broker to market and sell the property.
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