Mineral rights and mining interests in land have become more critical than ever in recent years, and disputes over conflicting property rights are common. In some instances, surveyors may play a significant role in determining the limits of these valuable property interests. This article considers a few of the myriad concepts related to the recovery of the various materials known collectively as minerals. As is often the case when dealing with these complex issues, it must be clearly understood at the outset that individual states do not always agree on some of the concepts discussed below.

Because the separation of a mineral estate from the surface may create a property interest other than fee simple, it is important to determine precisely what rights were transferred in the granting document. While a majority of states consider a deed that severs the underlying coal from the surface ownership to create separate and distinct estates in land, the situation is less clear-cut where an interest to oil or gas has been granted. Leases (of various terms), grants (fee simple or fee simple determinable), and profits a prendre are all legitimate mechanisms for creating interests in mineral deposits. The wording of the document, surrounding circumstances and local industry standards may all be considered when determining precisely what right was created. There is an important difference between the right to recover a specific material and actual ownership of an estate.