How Deep Under Your Land Do You Own? 63 Tips

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63 Tips for How Deep Under Your Land Do You Own | How Much Of My Property Do I Own

• The landowner can also sell options on the right to buy mineral rights and profit even if the options are not exercised. If the option buyer exercises the right to obtain the mineral rights at a fixed price and date, the landowner will receive full payment. If the buyer lets the options expire unexercised, the landowner will pocket the options fees. - Source: Internet
• Beginnings Our feelings about ownership have very deep roots. Most animal life has a sense of territory – a place to be at home and to defend. Indeed, this territoriality seems to be associated with the oldest (reptilian) part the brain (see IN CONTEXT, #6) and forms a biological basis for our sense of property. It is closely associated with our sense of security and our instinctual “fight or flight” responses, all of which gives a powerful emotional dimension to our experience of ownership. Yet this biological basis does not determine the form that territoriality takes in different cultures. - Source: Internet
• This is something you can confirm in your deed or lease. It will indicate whether you have any rights over what’s under the ground. It will also indicate whether that includes all depth or a portion of it. - Source: Internet
• Remember that the mineral rights holder is always the dominant party when it comes to accessing subsurface resources. Many times, an oil, gas, or mining company will try to work out a plan that will minimize disruption, but if you want to retain complete control over your land, it’s always best to purchase both surface and mineral rights. If you choose otherwise, make sure you are fully informed of who holds the mineral rights and how this might affect your use of the property. - Source: Internet
• We have been talking about “ownership” as if it was an obvious, clear-cut concept: either you own (control) something or you don’t. For most people (throughout history) this has been a useful approximation, and it has been the basis of the “great ownership debate.” But if you try to pin it down (as lawyers must), you will soon discover that it is not so simple. As surprising as it may seem, our legal system has developed an understanding of “owning” that is significantly different from our common ideas and has great promise as the basis for a much more appropriate human relationship to the land. - Source: Internet
• Well, surface and mineral rights in the U.S. typically start out together as a unified or fee simple estate, but landowners can choose to separate these rights if they own both. - Source: Internet
• Now, if the mineral owner has all the depth rights, that would mean they own all the minerals below the surface. It doesn’t matter how deep below the surface they are buried. In other words, they have the right to drill and excavate as deep as they want or sell those rights to another party, of course, in compliance with any other applicable laws. - Source: Internet
• Landowners can rent or lease out the property to make money after retirement. However, the benefits of owning land go beyond that. A land parcel can become an income-generating asset over time. - Source: Internet
• Typically, landowners in the US have rights to both the surface and the minerals underneath. Depth rights and mineral rights questions don’t arise until those rights are sold by the rightful owner. After that, surface rights and mineral rights become separate and may be owned by many different parties. - Source: Internet
• For most of these tribal peoples, their sense of “land ownership” involved only the right to use and to exclude people of other tribes (but usually not members of their own). If there were any private rights, these were usually subject to review by the group and would cease if the land was no longer being used. The sale of land was either not even a possibility or not permitted. As for inheritance, every person had use rights simply by membership in the group, so a growing child would not have to wait until some other individual died (or pay a special fee) to gain full access to the land. - Source: Internet
• A caveat on someone else’s property can only be used to protect an interest in the land. Lodging a caveat does not actually give you a claim against the property. The types of interests that can be protected by a caveat are varied and complex. - Source: Internet
• Also, the infrastructure in the area affects how much a piece of property is worth. A rise in the former will inevitably lead to a higher level of appreciation in the latter. The land offers substantially bigger profits whenever you intend to sell it in a reasonably short period of time, especially when you consider the relatively low cost required to buy it. - Source: Internet
• Precise land investment can deliver excellent returns as you are aware of the risks and pitfalls involved. Land remains the same for decades, keeps appreciating, and provides the owner with a sense of security. These are some significant reasons why buying land is a good investment and can help you grow faster as a real estate investor. - Source: Internet
• As time went on, land took on a new meaning for these ruling elites. It became an abstraction, a source of power and wealth, a tool for other purposes. The name of the game became conquer, hold, and extract the maximum in tribute. Just as The Parable Of The Tribes (see IN CONTEXT, #7) would suggest, the human-human struggle for power gradually came to be the dominant factor shaping the human relationship to the land. This shift from seeing the land as a sacred mother to merely a commodity required deep changes throughout these cultures such as moving the gods and sacred beings into the sky where they could conveniently be as mobile as the ever changing boundaries of these empires. - Source: Internet
• Surface rights are, as the name implies, the rights to the surface area of a piece of land. This includes any structures on the property, as well as the rights to farm the land or exploit aboveground resources such as trees, plants, or water according to local laws and ordinances. Typically, you also have the right to dig down to a certain depth for purposes such as installing septic tanks. - Source: Internet
• There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals. In the United States, landowners possess both surface and mineral rights unless they choose to sell the mineral rights to someone else. Once mineral rights have been sold, the original owner retains only the rights to the land surface, while the second party may exploit the underground resources in any way they choose. - Source: Internet
• Once mineral rights have been severed from surface rights, they remain that way. If you are considering purchasing land, make sure you research included rights thoroughly before making any purchasing decisions, to avoid any unpleasant surprises down the road. You may think you are buying both surface and mineral rights, only to discover that the previous owner has sold mineral rights to a third party. If you already own land and are not sure which rights you hold, check your property deed or mortgage paperwork. - Source: Internet
• In each one of these types, the immediate users (nonhuman as well as human) have clear rights which satisfy all of their legitimate use needs. The needs of the local community are met through representation on the board of directors of the trust which can enforce general land use standards. The larger community usually has some representation on the trust’s board as well. Thus by dividing what we normally think of as ownership into “stewardship” (the users) and “trusteeship” (the trust organization), land trusts are pioneering an approach that better meets all the legitimate interests. - Source: Internet
• As you own some airspace above your land, you are able to sell it or buy others airspaces. This can be achieved through lodging an easement over the property, which will register your third party interest to access the property (the airspace) in exchange for the monetary compensation you provide to the seller. Easements document rights held on land by people other than the registered owner. The most common types of easements are those held by councils for water sewerage pipes and manholes. Buying airspace gives rise to an interest in that property, lodging an easement will legally protect your interest in the airspace. - Source: Internet
• Private aircraft, including drones, are considered to be trespassing when traversing the land near to the surface. With that said, there does remain some legal uncertainty when it comes to aircraft flying over land. From the Australian Land Law in Context guidebook: - Source: Internet
• The system is, of course, still limited by the integrity and the attitudes of the people involved. Nor are current land trusts necessarily the model for “ownership” in a humane sustainable culture. But they show what can be done and give us a place to build from. I’ll explore more of where we might build to in a later article, but now lets turn to other perspectives and experiences with going beyond ownership. - Source: Internet
• A majority of court cases have concerned cranes or machines carrying weight that have passed through a property without the neighbouring owner’s consent. The success of these court cases have found in favour for both developers and land owners, varying between granting an injunctions to stop developers from using the airspace to granting the developer access to use the airspace without the landowner’s consent. While the court encourages you to seek and obtain landowner’s consent, the court is more likely to grant access in the following circumstances if: - Source: Internet
• The idea of private land ownership developed as a second step – partly in reaction to the power of the sovereign and partly in response to the opportunities of a larger-than- village economy. In the god-king societies, the privileges of the nobility were often easily withdrawn at the whim of the sovereign, and the importance of politics and raw power as the basis of ownership was rarely forgotten. To guard their power, the nobility frequently pushed for greater legal/customary recognition of their land rights. In the less centralized societies and in the occasional democracies and republics of this period, private ownership also developed in response to the breakdown of village cohesiveness. In either case, private property permitted the individual to be a “little king” of his/her own lands, imitating and competing against the claims of the state. - Source: Internet
• Oil companies tend to buy up many mineral rights on adjacent lands as future investments. They may be already actively drilling on your neighbor’s property. If they have also bought the mineral rights on your property, you could also receive a letter demanding access to explore and drill on your land. - Source: Internet
• Whether mineral rights transfer with the property depends on the estate type. If it’s a severed estate, surface rights and mineral rights are separate and do not transfer together. However, if it’s a unified estate, the land and the mineral rights can be conveyed with the property. - Source: Internet
• In the first years of the NSW colony there was no system for recording land transactions. In many cases, ownership changed without any evidence at all. Only in 1802 was a register provided by the Judge Advocate and parties were invited to place their land titles on record, forming the ‘Old Register’. - Source: Internet
• As a landowner, you need not worry about maintenance and repairs. Why have to worry about things like leaking roofs, painting, HVAC, or other normal costs associated with other real estate. With virtually no maintenance costs and generally very low taxes, you can hold for the property indefinitely as an asset. - Source: Internet
• The lack of technology was also a reason for that. However, the main reason for the increasing depths of oil wells is that oil is a finite asset. Therefore, companies are digging deeper to get more oil. - Source: Internet
• While court cases have determined a property owner does own the airspace above them, the height of the airspace you may own is restricted. There is no set height of airspace you own, you own the airspace above your property that is necessary for your ordinary use and enjoyment of your land. This is why aeroplanes are allowed to fly over your property. The height the aeroplanes fly and the flight paths have been designed that they should be at a height that does not reasonably impact your ordinary use and enjoyment of your land. - Source: Internet
• If you have royalty rights or have leased out the mining rights, you should know your depth rights as well. Knowing how deep the mineral rights actually go can help the parties involved avoid getting into legal trouble. Learn more about these rights by contacting us here. - Source: Internet
• The government is consulting on whether to amend the law so that you cannot stop a gas or geothermal company from drilling a horizontal well a mile beneath your house, though you can get paid for it. Lord Jenkin of Roding last week pointed out that, under the common law, ownership of your plot reaches “up to Heaven and down to Hades”. Is the government justified in weakening this aspect of your property rights below a depth of 300 metres? - Source: Internet
• Landowners can benefit from a variety of tax credits and deductions that might help them reduce their tax liability. The reasonable expenses of owning, running, and maintaining a property are frequently deductible. Furthermore, you won’t be required to pay income tax on the profit you make on selling your land for a higher price than you originally invested to purchase it. - Source: Internet
• One can own a portion of land by closing the land purchase—signing a land purchase agreement that states the amount you’re paying and closing date. The process of owning land begins with determining your budget, searching the land for sale, and choose one that has a title. Afterward, you can proceed to close the deal and get ownership of the land. You may hire a real estate agent to reduce risks and ensure you get legal ownership of the land. - Source: Internet
• The Torrens Title system uses a single register that contains a folio for each landholding. Estates and interests related to the land are recorded onto this folio, such as new ownership, mortgages, leases, easements and caveats. A Certificate of Title is a copy of this folio of the register and creates a permanent record of the property’s ownership history. - Source: Internet
• In many countries, the government controls the minerals below the surface of all land. A miner must obtain rights from the government rather than the private property owner to extract those minerals. In the United States, the following are common rights agreements used in public and private mineral rights agreements. - Source: Internet
• Likewise, a neighbour cannot build a property extension or erect a wire that overhangs another person’s land, regardless of how high up in the air it is. (A classic example of “airspace” rights — and one that has caused many a neighbourhood dispute — relates to tree branches encroaching onto another person’s property. In most cases, the affected land owner is entitled to cut these branches down.) - Source: Internet
• Thus, instead of losing value over time, a land plot does not deteriorate but rather increases in value. The situation with apartments, however, is completely different. Apartments lose value over time as a result of the regular maintenance and repairs that are required as they age. - Source: Internet
• – Rights to fluid minerals that move below the surface are commonly leased and include oil and gas and geothermal resources. Salable – These minerals are generally abundant and sold in high weights at low unit prices for use in building materials and include sand and gravel. They can be removed from public land by obtaining approval from the Bureau of Land Management and are free to public entities and projects. - Source: Internet
• Anything below 9000 feet or 2.8 kilometers is considered deep mining. For oil, companies typically want deep mining rights for at least 6000 feet below the surface. This is the average depth of oil and gas wells in the United States, according to the US Energy Information Administration (EIA). - Source: Internet
• On top of that, land requires little to no maintenance and keeps appreciating. Investing in land is the safest way to earn a decent amount of money monthly. Retirees can produce higher returns and maintain a desirable lifestyle. - Source: Internet
• It was not so much farming directly, but the larger-than- tribal societies that could be based on farming that led to major changes in attitudes towards the land. Many of the first civilizations were centered around a supposedly godlike king, and it was a natural extension to go from the tribal idea that “the land belongs to the gods” to the idea that all of the kingdom belongs to the god-king. Since the god-king was supposed to personify the whole community, this was still a form of community ownership, but now personalized. Privileges of use and control of various types were distributed to the ruling elite on the basis of custom and politics. - Source: Internet
• IT WAS NOT so long ago in human history that the rights of all humans were not acknowledged, even in the democracies. Slavery was only abolished a few generations ago. In the same way that we have come to see human rights as being inherent, so we are now beginning to recognize land rights, and by land I mean all life that lives and takes its nourishment from it, as well as the soil and earth itself. Once we have understood and accepted that idea, we can truly enter into a cooperative relationship with Nature. I’m not talking about living in fear of disturbing anything or a totally “hands off nature” angry ecologist view, but simply acknowledging the right to be of land and nature, and that when we do “disturb” it we do so with sensitivity and respect, doing our best to be in harmony with what is already there. - Source: Internet
• Investment options are not scarce—one can invest in real estate, bonds, stocks, ETF’s, etc. However, land investments beat other alternatives with the benefits they offer. Land is a tangible investment and an asset that keeps increasing in value over time. - Source: Internet
• Following directly from that is the principle that you cannot really buy, sell or own the land. Just as we cannot (or should not) own slaves of our own species, we would not make slaves of animals, plants or the land and nature in general. Sounds easy but I feel this represents a very profound and fundamental change in human attitudes; one that takes thought, effort and time to reprogram in ourselves. - Source: Internet
• In the oil and gas industry, the depth to which the company can drill is very important. Not only is it a legal matter but also an economical one. The more you need to dig deep inside the Earth, the higher the costs would be. - Source: Internet
• The ownership of vacant land offers you all the rights to utilize it as per your needs. You can either develop the property for agricultural purposes or use it as boat storage. Besides, you can develop your land for outdoor recreational activities, build a house or create any rental property. - Source: Internet
• Buying raw land is not a daunting task anymore. Rural properties are available across the United States. The average cost of land is low, especially when you buy it wisely from a reliable source. But is it beneficial to purchase vacant land to build a house or sell in the future? Do you consider raw land as an investment? Today we will discuss some exciting benefits ownership of land delivers and debunk some myths. - Source: Internet
• But the human-human power struggle is hardly the only, or even the most important, issue in our relationship to the land. Whatever happened to the tribal concerns about caring for the land and preserving it for future generations? What about issues like justice, human empowerment and economic efficiency? How about the rights of the land itself? If we are to move forward towards a planetary/ecological age, all of these questions and issues are going to need to be integrated into our relationship to the land. To do this we will have to get out beyond the narrow circle of the ideas and arguments of the past. - Source: Internet
• Land appreciates at a higher pace than built-up properties. This is because it is immune to outside changes- what the weather or erosion do naturally. Another reason for this is that there is a finite amount of land available, and its supply cannot be increased to meet the demands of the market. A restricted supply of land also guarantees greater market rivalry, which leads to higher price points. - Source: Internet
• Another way land ownership can provide benefits is by leasing. Many people and most farmers and ranchers in the United States lease their land for the short-term and long-term. By leasing out the land you can increase returns over the long run. A landowner can earn well through agricultural leases to cover the taxes and still make a small profit. Landowners can earn a substantial amount of money from a hunting lease to pay the taxes. - Source: Internet
• Over the last few years there has been a resurgence of interest in how much of the air you own on your property. Not only are there an abundance of apartment and housing constructions occurring in Queensland but there are also concerns of aeroplanes and drones flying over your property. It is vital that all property owners are aware of any rights they have for airspace above their property and what they can do to minimise not only the risk in the airspace but to their property as well. In this article we will explain whether you can own the airspace above your property and if you do own it, are you able to sell your airspace or buy other property owner’s airspace. - Source: Internet
• Land ownership provides the owner with financial security and contentment. It has been in high demand as it can generate passive income, offer opportunities to earn, and let investors double their money without high risks. Moreover, it’s a limited resource that can improve your investment portfolio. As long as you’re investing in land with a well-planned strategy, you’ll make profits and grow as an investor. - Source: Internet
• Even if you buy vacant land to hold and resell at a higher price, there’s always an option to use it for other purposes. Depending on the size of the property, you can install a solar energy farm, convert it into a camping site, golf course, or harvest timber. The best thing is that you don’t lose ownership of your property. - Source: Internet
• Most property owners in the US are unaware of mineral rights. Property ownership goes way beyond what’s on the surface. This makes things a little more complicated for the property or landowner. - Source: Internet
• Becoming the owner of vacant land is an excellent strategy to invest and double your money. After you own a plot of land, the next important step is to improve it for certain purposes. The fastest option to make money from your land is to divide it and sell blocks separately at a good price. - Source: Internet
• Whether you need financial security, want to double your money, generate passive earnings, or invest in real estate, land ownership can offer everything you demand. You may keep it for years to let it appreciate as you don’t need to worry about damages or theft. Landowners do not face depreciation, theft and get multiple opportunities to make money off their land. Overall, it’s a limited resource in which you can invest money to build wealth. - Source: Internet
• The Preliminary Title Report shows the deed that grants access to the land beneath your home. These title reports should go back 100 years so that older leases or deeds granting subsurface rights will be included. Title reports also provide ownership information and acknowledge loans, deeds of trust, easements, encroachments, unpaid property taxes or everything recorded against the property. For instance, if a home-builder deeded mineral rights to their company, the builder would have been required to record that deed. This information will stay on the title report until the builder and current owner agree to remove it. - Source: Internet
• Both of these patterns are full of problems and paradoxes. Private ownership enhances personal freedom (for those who are owners), but frequently leads to vast concentrations of wealth (even in the U.S., 75% of the privately held land is owned by 5% of the private landholders), and the effective denial of freedom and power to those without great wealth. State ownership muffles differences in wealth and some of the abuses of individualistic ownership, but replaces them with the often worse abuses of bureaucratic control. - Source: Internet
• These rights are usually not absolute, for with them go certain responsibilities, such as paying taxes, being liable for suits brought against the property, and abiding by the laws of the land. If these laws include zoning laws, building codes, and environmental protection laws, you may find that your rights to use and irreversibly change are not as unlimited as you thought. Nevertheless, within a wide range you are the monarch over your property. - Source: Internet
• All land ownership in New South Wales is administered by NSW Land Registry Services. Much of this land is registered under the Torrens Title system, which was introduced to NSW in 1863. Prior to that, land ownership was recorded in a register beginning in 1802 known as ‘old system’ land. Crown land is land owned and managed by the NSW Government and accounts for almost half of all land in the state. - Source: Internet
• With a precise plan and clear objectives, you can acquire land without burning a hole in your pocket. Once you own the property, costs are low. There is no denying that raw land investment comes with some risks and drawbacks. Still, the landowner can avoid these risks and reap the benefits by taking the right actions at the right time. - Source: Internet
• A land trust is a non-governmental organization (frequently a non-profit corporation) that divides land rights between immediate users and their community. It is being used in a number of places around the world including India, Israel, Tanzania, and the United States. Of the many types of land trusts, we will focus here on three – conservation trusts, community trusts, and stewardship trusts. These will be discussed in more detail in other articles in this section, but an initial overview now will help to draw together many of the threads we have developed so far. - Source: Internet
• Legitimate Interests How might the problems associated with exclusive ownership (either private or state) be solved by a “division of rights” approach? To answer this, we need to first consider what are the legitimate interests that need to be included in this new approach. If we are to address all the concerns appropriate for a humane sustainable culture we need to recognize that the immediate user of the land (be that a household or a business), the local community, the planetary community, future generations, and all of life, all have legitimate interests. What are these interests? - Source: Internet

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