Many Georgia properties sit on abundant and valuable natural resources. Because of the evolution of this area of the law, it is often unclear who has the right to profit from these resources. We assist Georgia landowners and holders of rights to kaolin, phosphates, and other minerals navigate the complex legal framework surrounding these matters.
Mineral rights are routinely bought and sold separately from the land. Often, a seller wishes to retain the rights and a buyer wasn’t aware of the value of the minerals at the time of the transaction. Confirming ownership of mineral rights requires a careful title search for the property’s entire history.
Given the complex nature of mineral rights, contracts to allow a company to extract minerals that you have rights to should be carefully negotiated. The advice of experienced contract lawyers is strongly recommended.
Exercising Mineral Rights
Subject to any overriding agreements, the party owning mineral rights has the right to excavate them at any time. If you own the land but not the mineral rights, you must allow access to your land for this purpose but have the right to have any disruptions to your life minimized as much as reasonably possible given the nature of mining activities.
To learn more about protecting your rights and interests in your home’s minerals in Georgia, contact Boone, Scott & Boone today.