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Legal Definitions - mineral easement

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Definition of mineral easement

Definition: A mineral easement is a type of easement that allows the holder to enter a property and extract minerals from it. An easement is a legal right to use or control someone else's land for a specific purpose. The land that benefits from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate.

Example: John owns a piece of land that has valuable minerals underneath it. He grants a mineral easement to a mining company, allowing them to enter his property and extract the minerals. The mining company pays John a fee for the right to do so. In this example, John's land is the servient estate, while the mining company's right to extract minerals is the dominant estate.

Explanation: This example illustrates how a mineral easement works. John owns the land, but he has granted the mining company the right to extract minerals from it. The mining company has the dominant estate, while John's land is the servient estate. The mining company can enter John's property and extract the minerals, but they do not own the land and cannot use it for any other purpose.

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Simple Definition

A mineral easement is a type of legal agreement that allows someone to enter another person's property to extract minerals from it. It is a limited right to use or control the land for a specific purpose and does not give the holder the right to possess, take from, improve, or sell the land. The land benefiting from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it is not transferable and only applies to the specific minerals identified in the agreement.

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