New Mexico

Mineral Rights vs. Surface Rights

These are two different forms of property ownership, and in New Mexico they are frequently owned by different people.

Tell Us About Your Mineral Rights

Surface rights

Surface rights cover the use of the land itself — building, grazing, farming and general occupancy. A surface owner may own all, some or none of the minerals below.

Mineral rights

Mineral rights cover the oil, natural gas and other minerals beneath the surface, including the right to lease them for exploration and production and to receive royalties from production.

Severed estates

When minerals are sold or reserved separately from the land, the estate is described as severed. This is extremely common in New Mexico, and it means you can own minerals under land you have never set foot on, or own land while a stranger owns everything below it.

Why it matters when selling

Selling your mineral rights does not sell your land, and selling your land does not automatically sell your minerals unless the deed says so. If you are unsure which you own, the recorded deed chain in the county is the place to look.