Are Mineral Rights Included In a Land Contract That Does Not Expressly Cover Them?

The answer to whether or not mineral rights are conveyed with the property in a Land Contract situation where said rights aren’t expressly covered may depend upon state law — or a court’s interpretation of state law.

In general and depending upon the state in which you live, if the contract concerning the property is silent on the issue of mineral rights, the seller in such situations would most likely have a duty to convey both the surface and the minerals to the buyer.

But this ‘general answer’ depends upon several factors, so this response should not be taken as legal fact. And if the “seller” of the land contract decides to fight the issue, a court battle will most likely ensue.

For advice specific to any personal legal questions, Standard Legal always recommends you consult an attorney; you can find a local attorney for FREE at Standard Legal’s Attorney Find page.

To create valid and comprehensive Contract for Deed documents, see Standard Legal’s Land Contract legal forms software page.