Appropriate terminology for Surface Rights Estate Only

[bsilver]

In an appraisal which is valuing the surface rights only, neither the subsurface rights nor the air space rights are to be included in the opinion of value, what is the appropriate nomenclature for the estate appraised. I have seen many different names for this estate. I would presume that the appropriate nomenclature would be "surface rights only", "surface rights estate", the "surface fee estate", or something like that. But I keep seeing these rights referenced as the "fee simple surface rights", or the "fee simple estate limited to surface rights only", or some other name that includes the words "fee simple". Am I wrong in thinking that the term fee simple should not be associated with a portion of the fee simple title?

 

[jay trotta]

In an appraisal which is valuing the surface rights only, neither the subsurface rights nor the air space rights are to be included in the opinion of value, what is the appropriate nomenclature for the estate appraised. I have seen many different names for this estate. I would presume that the appropriate nomenclature would be "surface rights only", "surface rights estate", the "surface fee estate", or something like that. But I keep seeing these rights referenced as the "fee simple surface rights", or the "fee simple estate limited to surface rights only", or some other name that includes the words "fee simple". Am I wrong in thinking that the term fee simple should not be associated with a portion of the fee simple title?

The property—and everything above and below it—is yours (fee simple)​

The house and the land it’s on is yours and yours alone. You may do with it as you please—although you’re still subject to laws and restrictions. Not only do you own the property on the surface of the land, but you also own the air rights above and the mineral rights in the ground below.

IMO- this would require an attorney in your area to provide proper Legal Advice as to how that can be accomplished.
PS: this sounds like a truck load of work finding comparable data, all the best to you

 

[Mark K]

Waiting for Terrell.....

​

IMO- this would require an attorney in your area to provide proper Legal Advice as to how that can be accomplished.
PS: this sounds like a truck load of work finding comparable data, all the best to you

A lot of properties have sold the mineral rights (subsurface) and in this area, a lot of them have sold the air rights to the FAA via Avigation Easement.

There are terms for this type of remaining property rights. Terrell is the specialist in mineral rights.

 

[bsilver]

I am not asking about appraisal methodology here. I am familiar with the appraisal a very wide variety of partial interests. I am simply looking for the appropriate nomenclature. If you are valuing say, the surface rights only of a property which is owned in fee simple, is it appropriate to call the surface rights fee simple surface rights. If it is just the surface rights, are we talking about fee simple. I could understand calling it the surface rights estate only of a fee simple estate. But fee simple surface estate? Sounds confused. But if anyone knows for certain, let me know. Just a terminology issue here.

 

[Raven59]

I would not use the words fee simple + zzz in the rights description. That is misleading. Surface Rights Only, Surface Rights Estate, and Surface Fee Estate are acceptable.

 

[TerryRohrer]

The property—and everything above and below it—is yours (fee simple)​

The house and the land it’s on is yours and yours alone. You may do with it as you please—although you’re still subject to laws and restrictions. Not only do you own the property on the surface of the land, but you also own the air rights above and the mineral rights in the ground below.

IMO- this would require an attorney in your area to provide proper Legal Advice as to how that can be accomplished.
PS: this sounds like a truck load of work finding comparable data, all the best to you

In much of the Lousiana purchase, the Federal government retained mineral rights and sold or gave away the surface rights. Ownership of surface rights without any mineral rights is very common. I think air rights only reach a certain height, too (one of the government reservations). Airlines don't acquire easements to fly over every house.

 

[TerryRohrer]

One source says:

"Surface Fee means the real property in which Seller owns an interest in the surface estate which is identified as Surface Fee on Exhibit “C,” as well as all structures thereon and improvements thereto."

Surface Fee Definition | Law Insider

Define Surface Fee. the duty paid by the Contracting party relating to the occupation of Lands during the Exploration or Exploitation period.

www.lawinsider.com

Another:

"Surface Rights
Surface owners only have the rights to the use of the surface land and associated permanent fixtures (e.g. buildings). The surface owner does not have the right to grant an oil and gas lease. This is also called the Surface Estate."

Understanding Land Ownership and the Difference Between Surface and Mineral Rights - Silverheels Investments LLC

This article will help you understand the four key types of mineral rights ownership and who is entitled to sign a lease or receive a royalty payment.

silverheelsinvestments.com

 

[Terrel L. Shields]

Am I wrong in thinking that the term fee simple should not be associated with a portion of the fee simple title?

Fee in Surface is the proper term. But that check box does not exist.

In much of the Lousiana purchase, the Federal government retained mineral rights

In the homestead act, land was sold with the minerals but later, only the surface and minerals (non-petroleum) were sold and eventually, the feds kept all the mineral rights, which is why people buying land in the Rockies are often astounded to learn that someone has nominated and bought leases from the BLM to land under their house and they cannot stop the oil company from drilling a well on their land.

As for Louisiana itself, it operates under Neopolianic law and mineral rights retained expire after 25 years until actively leased or managed.