A California property owner conveyed land to a buyer while reserving the mineral rights. Decades have passed with no recorded claim, use, or assertion of those reserved rights. Which California statute provides the surface owner a mechanism to extinguish that severed mineral interest?
Correct Answer
C) The Dormant Mineral Rights Act (Civil Code §883.110 et seq.)
The Dormant Mineral Rights Act (Civil Code §883.110 et seq.) specifically governs severed mineral interests that have not been used, claimed, or recorded for an extended period. It establishes a notice and recording procedure that allows a surface owner to petition for termination of the dormant interest, quieting title and reunifying surface and mineral estates.
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Related Topics & Key Terms
Key Terms:
Related Concepts
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
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