What is an example of a legal doctrine regarding mineral rights?

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Severance is a legal doctrine that refers to the separation of mineral rights from the surface rights of a property. This means that the owner of a parcel of land can sell or lease the minerals below the surface independent of the land itself. This separation can have significant implications in real estate transactions, as it allows different parties to hold rights to the property and the minerals beneath it.

For instance, when a property owner sells their land but retains the mineral rights, they still have legal claim to any resources extracted from beneath the surface, such as oil, gas, or minerals. This scenario is common in many areas, particularly where mineral extraction is a lucrative industry. Understanding severance is crucial for real estate professionals, as it influences property valuations, development rights, and leasing agreements related to mineral exploration and extraction.

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