Who Owns the Minerals Under Your Property?

By Sarah Powell: Owning land does not always mean you own everything beneath it. In Ohio, mineral rights—such as oil, natural gas, and coal—can be separated from surface ownership. One person may own the land while another owns some or all of the minerals.

Start With Your Deed

Review your current deed for words such as “excepting” or “reserving” minerals. However, the current deed may not tell the whole story because mineral rights may have been separated many years ago.

Search the Property Records

The county recorder keeps deeds, mineral deeds, leases, assignments, and other land records. Start with your deed and work backward through earlier deeds. This is called reviewing the chain of title. Look for documents that reserve or transfer minerals, royalty interests, leases, or property through probate.

An oil and gas lease alone does not prove ownership. It only shows that someone claimed the right to lease the minerals.

Mineral Reservations, Heirs, and Probate

A prior owner may have sold the surface but kept the minerals. If that owner died, the mineral rights may have passed to heirs. Probate records, wills, certificates of transfer, affidavits, and family records may help identify the current owners.

Over time, mineral interests can be divided among many heirs. If an interest was never properly transferred, an estate may need to be opened or reopened. Several probate cases may be necessary when multiple deceased owners appear in the title history.

When a Company Offers a Lease

A lease offer may suggest that the surface owner owns minerals, but it is not final proof. The company may have completed only a limited title search. A later review could show that the landowner owns only a portion—or none—of the minerals. This may reduce lease payments and royalties. Review the title before signing or promising that you own the minerals.

Could Old Mineral Rights Return?

Ohio’s Dormant Mineral Act may allow a surface owner to claim minerals separated long ago, but ownership does not return automatically. The surface owner must follow detailed notice and filing requirements, and the mineral owner may take steps to preserve the interest.

Get Help

Mineral ownership can be complicated. Before signing a lease, selling minerals, or making a dormant-mineral claim, consider having a title company, land professional, or attorney review the records. A careful title search can prevent disputes and protect your property’s value