Legal Definitions - surface interest

Definition: Surface interest refers to every right in real property other than the mineral interest. The owner of the surface interest has the right to the surface of the property, but the mineral-interest owner has the right to use the surface. The surface-interest owner is entitled to whatever nonmineral substances are found in or under the soil.

Example: Let's say John owns a piece of land that has oil and gas reserves underneath it. John sells the mineral interest to a company that wants to extract the oil and gas. However, John retains the surface interest, which means he still owns the land and has the right to use it for any purpose that does not interfere with the mineral extraction. The company has the right to use the surface to extract the minerals, but they must compensate John for any damage caused to the surface.

Explanation: This example illustrates how surface interest works in the context of oil and gas extraction. The owner of the surface interest has the right to use the land for any purpose that does not interfere with the mineral extraction. The mineral-interest owner has the right to use the surface to extract the minerals, but they must compensate the surface-interest owner for any damage caused to the surface. This ensures that both parties can benefit from the property without infringing on each other's rights.