In California, a mining company holds mineral rights on a parcel of land. The surface owner wants to build a house on the same parcel. Under California law, can the surface owner build even though the mineral rights are separately owned?
Correct Answer
B) Yes, the surface owner can build, but the mineral rights owner retains the right of reasonable access for mineral extraction
Under California law, the surface owner has the right to develop and use the surface of the property, even when mineral rights are separately held. However, the mineral rights owner retains an implied right of reasonable surface access for mineral exploration and extraction. The two estate holders must accommodate each other's interests.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
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