Do You Own the Land or Just the Rights to Dig Under It?

That can come as a shock to buyers who assume their land purchase gives them full rights — from the soil to the sky to the minerals beneath. But in many cases, mineral rights have been severed, leased, or sold decades ago. If you’re not asking the right questions, you could be buying land that someone else still has the legal right to drill, dig, or mine on — even without your permission.

What Are Mineral Rights, Exactly?

Mineral rights refer to the legal ownership of underground resources like:

• Oil
  
• Gas
  
• Coal
  
• Metals
  
• Gravel (sometimes)
  
• Fossils (depending on the classification)
  
  

In Montana, it’s common for surface rights (what you walk on, build on, farm, or fence) to be separated from mineral rights, especially in areas with historical resource leases.

Can Someone Actually Drill on My Property?

Yes — if they own the mineral rights and there’s no surface-use agreement protecting you.

That means someone could potentially:

• Conduct exploratory surveys
  
• Bring in heavy equipment
  
• Drill a well
  
• Build access roads
  
  

In some cases, landowners are legally obligated to allow “reasonable access” to mineral rights holders — even if it disrupts their peace, their plans, or their pasture.

Educational Tip: Questions to Ask Before You Buy

If you’re evaluating a land purchase, make sure your broker helps you ask:

• Do mineral rights convey with the sale? If not, who holds them?
  
• Are there any current or past leases on the land?
  
• Is there a surface-use agreement in place to protect land usability?
  
• What activities have occurred (or could occur) under existing rights?
  
  

This isn’t just about oil. In some counties, gravel pits and coal exploration rights are actively exercised. And even if there’s no current development, the existence of a lease can scare off future buyers when it’s your time to sell.

Protect Your Investment

You wouldn’t buy a house if someone else had the key to the basement. The same logic applies here: You need to know who has a stake in your land — above or below the surface.

Looking at land and want to be sure you’re not getting surprised down the road?
Erik Erickson brings years of experience evaluating land beyond the surface. He’ll walk you through the right questions, research mineral history, and make sure the ground you buy is as secure as the paperwork says it is.

Call 406‑861‑5558 or visit mtlandandranch.com to schedule a no-pressure consultation on buying or selling Montana land with confidence.