Split Estate
Land where the surface rights and the mineral rights are owned by different parties, most often a private surface over minerals reserved to the United States.
Detailed Definition
A split estate is land where the surface rights and the subsurface mineral rights are owned by different parties. BLM's split estate policy most commonly applies where the surface is privately owned and the right to develop the minerals is held by the federal government. BLM notes that where the two are owned separately, the mineral rights often take precedence over other rights.
Where federal split estate comes from
Much of it is the legacy of the Stock Raising Homestead Act of 1916. That law allowed a settler to claim 640 acres of non-irrigable land, and the patents issued under it reserved the minerals to the United States. BLM notes that some homestead acts reserved only certain minerals, while the Stock Raising Homestead Act reserved all minerals. The reserved minerals are under the jurisdiction of the Department of the Interior and administered by BLM.
Mining claims on split estate
Mining claims can be located for minerals reserved under the Stock Raising Homestead Act. In BLM's words, the surface is fee, but the minerals are public domain. The procedure is in 43 CFR part 3838 and it is stricter than on ordinary public land.
Before locating a mining claim
- File a notice of intent to locate mining claims (NOITL) with the proper BLM State Office.
- Serve a copy of the notice on the surface owner of record by registered or certified mail, return receipt requested.
- Submit proof of that service to BLM.
- Wait 30 days after serving the surface owner before entering the land to explore or locate.
- File a separate notice for each parcel of land.
Limits while the notice is in effect
- The notice expires 90 days after it is submitted to BLM, unless a plan of operations is submitted within that period.
- Only minimal disturbance of the surface is allowed.
- Mechanized earthmoving equipment, explosives, and toxic or hazardous materials may not be used.
- Roads and drill pads may not be built.
- A claimant and its affiliates may not hold notices covering more than 1,280 acres owned by a single surface owner in any one state, or more than 6,400 acres in any one state.
A notice that does not meet the requirements of the regulation is void (43 CFR 3838.91). A surface owner locating on the owner's own land is not subject to the notice procedure.
Mill sites
A mill site may not be located on land where the United States does not own the surface estate (43 CFR 3832.33). On split estate, the support ground for an operation has to be arranged another way.
Why split estate matters in mineral title research
The surface record and the mineral record are separate chains. The county record shows who owns the surface. The federal patent shows what was reserved, and the reservation language decides which minerals stayed with the United States. Reading only one of the two produces a wrong answer about who holds the minerals and what has to be done before anyone enters the land.
Related Terms
Mineral Title
Ownership of the minerals in a tract of land, which may be held together with the surface or severed from it and owned by someone else, including the United States.
Chain of Title
The series of conveyances affecting a tract, arranged in order from the government or other original source of title down to the present holder.
Mineral Estate
The ownership of the minerals beneath a tract of land, which can be held separately from the surface and, on federal land, is obtained by claim, lease, or sale depending on the mineral.
Surface Rights
All rights in the land excepting the oil, gas, and mineral rights to underground deposits. The surface may be owned separately from the minerals.
Mineral Rights
Rights which attach only to mineral deposits, such as the right to explore for, develop, and extract them, as distinct from rights in the surface.
Severed Estate
Land in which the mineral estate has been separated from the surface estate by a reservation, exception, or separate conveyance, so the two are held as distinct interests.
Right-of-Way
The legal right to cross the lands of another, or the strip of land used for a road, pipeline, or power line. On BLM land, a grant authorizing use of public land for a specified purpose.
Easement
An interest or right in land owned by another that entitles its holder to a specific limited use, such as crossing the land, laying a pipe, or running a power line.
Depth Severance
The division of mineral or leasehold rights under a tract by depth or formation, so that different parties hold rights above and below a stated depth or in different zones.