Mineral rights exclusion land purchase clause: protecting surface use

In many states, sellers reserve mineral rights even when transferring surface ownership. Land purchase clauses excluding mineral rights can expose buyers to the risk of drilling or mining on their property. Courts typically uphold severed estates, leaving surface owners with limited remedies.

To mitigate risks, buyers should negotiate surface damage agreements, compensation for loss of use, and notice provisions. Title searches must confirm the extent of reservations, as older deeds often contain ambiguities. A well-crafted exclusion clause can coexist with surface protections, but careless drafting leaves buyers vulnerable to industrial disruption of residential or agricultural use.