Surface Rights

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.


The elements below the surface can be owned by a third party such as the case of water or minerals. In rural areas and mostly on large parcels of land, it is important to know that you may be selling or buying a property with the rights to only what's above the surface.