Heads-up, Virginians!!! People need to understand the difference between The Surface Estate and The Sub-surface Estate. Also, need to understand the difference between Fee-simple and Patent. In property law, each property consists of surface and sub-surface elements. The sub-surface is superior to surface. In other words, your deed may or may not include sub-surface rights. Its extremely important to determine if it does or does not. If it does not, that means those sub-surface rights may belong to another party, and they can (allegedly with proper accommodations) extract minerals from underneath your propertys surface estate without your permission or agreement. Fee-simple is the lowest proof of interest in property. The Patent; however, is the highest proof of interest. Your name appearing on the original Patent gives you exclusive interest. With the proper research and filings one can be added to the original patent. Its EXTREMELY IMPORTANT to research the original Patent to determine if both estates are included and ascertain if there were any modifications to the rights associated with the property. Then, after doing so, petition to be placed on the original Patent. This will give you a near bullet-proof defense against any usurpers who attempt to mine your sub-surface estate, including the State!
Posted on: Thu, 15 Jan 2015 21:46:00 +0000
Trending Topics
Recently Viewed Topics
© 2015