Get exclusive articles, expert insights, and market trends in ranch real estate investing. Stay ahead with every issue, plus our newsletter for the latest opportunities.
Posted: Thursday, September 04, 2025
Author: George Duke, Ranch Sales | Licensed in MT, WY
Having spent over 25 years in the field, driving around eastern Montana, western North Dakota, and northern Wyoming, pulling farmers off their tractors to talk about leasing their minerals for oil and gas exploration, I came to know a lot about mineral rights and split estates. My former occupation as a petroleum landman was an excellent training ground for my current duties as a land sales agent. Only now, I deal primarily with the surface and all the beautiful features of the landscape and improvements as opposed to everything else below the ground. The key thing to remember, however, is this: the surface rights and the mineral rights are both real property. As such, they can be severed from each other in what we call a split estate and be owned and/or sold separately.
On the 100 year old ranches coming into the market today most often 100% of the minerals are owned as there has never been any change of ownership. But more often than not, especially in areas that have seen successive waves of oil, gas, and hard rock mining exploration over the years, some or all of the minerals have been reserved and 'split' from the surface and remained with a previous owner to be passed down through their family.
The most important thing a new landowner can do is always check the title of the property for reservations. In the "good old days," the title company would do that as part of their ownership report on a new transaction. But now the majority of them won't do that anymore, or if they will, they charge a large fee for the work. Pouring over countless deeds, parcel by parcel, meticulously studying every word in order to gauge intent and inference towards any possible reservation is painstaking work. Nowadays, comprehensive mineral reports are usually only done by Registered or Certified Land Professionals who mainly work corporately or independently on behalf of the extraction industries. A good attorney can usually find one, or a good, knowledgeable agent can usually source one as well. In states like Texas, Oklahoma, & Louisiana, as well as parts of Colorado, Wyoming, Montana, the Dakotas, and other areas where there has been a lot of either hard rock/ precious metals and hydrocarbon exploration, the current surface owners may own little or none of the mineral estate. If the owned minerals are less than 100% or zero then the land is worth less to some degree. In areas where there is already oil and gas or mining production in place, the new owner will still have some rights to control and direct the surface use and be compensated for damages, but not the right to deny access altogether. Subsurface rights come with the right for the lawful owners and their assigns for ingress and egress to their assets.
When I bought my ranch in south central Montana in 1999, the first thing I did was run down the mineral ownership. I found that I owned 100% in places, and 50%, 25%, or none in others. But by and large enough to where I could control whether or not exploration would ever occur. As long as 25% or more are owned, in my opinion, the economics for those lands would not make sense to an exploration company without leasing your interest.
In the opinion of this Examiner, if you aren't seeing signs of current or old activity, chances are you never will at this point.
Here in Montana specifically, gravel and rock mining for construction and landscaping are considered part of the surface estate, but these rules are different in some states. Given the complexities involved, new landowners would do well to seek professional guidance from attorneys, landmen, and mineral rights experts. These professionals can offer invaluable insights, assist in negotiating favorable agreements, and ensure that the landowner's interests are protected.
Whether you are a rancher, farmer, or rural landowner, being aware of the presence and implications of mineral rights on your property is a key step in due diligence during land transactions and is an important part of the stewardship process.