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Property Ownership Land Use ControlsWater_and_mineral_rightsEASY

A California property owner sells the surface rights to a buyer but retains the mineral rights. Under California law, the mineral estate is now considered:

Correct Answer

C) A separate estate in real property that can be independently owned, sold, or leased

Under California law, mineral rights can be severed from surface rights, creating a separate mineral estate in real property. This mineral estate can be independently owned, sold, leased, mortgaged, or inherited — just like any other real property interest. Once severed, the two estates are legally distinct.

Answer Options
A
An easement on the surface estate only
B
Personal property that must be registered with the Secretary of State
C
A separate estate in real property that can be independently owned, sold, or leased
D
A lien on the surface property above

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Related Topics & Key Terms

Key Terms:

mineral_rightsseparate_estatereal_propertysevered_rights

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