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Do I Own all the Minerals on My Lease?

If my lease states 88 acres, do I really own ALL 88 acres?

Do I Own all the Minerals on My Lease?

Mineral owners do not always own all the acres listed in their lease. When a lease says, for example, "88 acres," that usually refers to the total (or gross) acreage of the land being leased—not necessarily the amount the mineral owner actually owns. In many cases, mineral ownership is divided among several individuals or families, especially if the land has been inherited or sold in portions over time. So, while a lease may cover 88 acres, a particular mineral owner might only own a fraction of that, such as 22 acres or even less.

This can be confusing because leases are often written to cover the entire tract of land for legal and operational purposes. However, any payments made to the mineral owner—like lease bonuses or royalties from production—are based only on their net mineral interest, or their actual ownership percentage in the mineral estate. For example, if you own one-fourth of the mineral rights on a 100-acre lease, you would only receive payments based on 25 net mineral acres, not the full 100.

It’s also important to understand that owning mineral rights doesn’t mean you own the surface land, unless you’ve retained or purchased both. The mineral estate and surface estate can be owned by different people, and they have separate legal rights. If you're reviewing a lease or thinking about signing one, it’s worth taking the time to look closely at your deed or consult a landman or attorney. That way, you can be sure how many net acres you actually own.

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