Split-Estate Law

Split-estate law affects nearly one third of all County residents in ways they may have never dreamed possible.  It’s not as tough a topic as it sounds, but it IS hugely important.

Just remember that there are two land “estates” in a real-estate parcel – the surface estate and the mineral estate – and that they may be owned by different people.  Also, it’s imperative to remember that the mineral estate is far superior to the surface estate in ways that are hard to believe.  Split-estate issues were “blamed” by the BLM for the delay of the Nov. 12th geothermal auction.  It’s that important.

Critical Reading

The links below provide critical context to split-estate law. Items one and two are “must-reads.” Item five is one of the few scholarly works that a lay person would find useful. Be sure to read the editorial suggestion at the bottom as well.

  1. Homestead Act of 1916 – This is THE most important law to grasp and this link provides a great summary: http://www.earthworksaction.org/pubs/SHRA_FS.PDF
  2. Split-estate land issues – This link goes into more depth and is important to everyone: http://www.earthworksaction.org/SplitEstate.cfm
  3. A look at split-estate issues as they have affected many folks, including folks in Colorado.  Just keep in mind that split-estate issues are the same in form for oil, gas, or geothermal.  We’ve not viewed the film but it might add the power of images to a battle of words: http://www.bullfrogfilms.com/catalog/split.html
  4. A newspaper article about the BLM reviewing these conflicts, in 2005 – interesting in that so little seems to have changed: http://www.helenair.com/news/state-and-regional/article_1ad7695f-c573-54f4-9f75-942704897541.html
  5. An excellent, recent review of tort law and split-estate issues; detailed work by a professor of law that is yet readable:  http://www.colorado.edu/law/centers/nrlc/summerconference/papers/Klass.Session1.pdf

Editorial Suggestion

Be sure to visit Wikipedia and look up “eminent domain.” Look at recent Supreme Court law. Between the power of the mineral estate and the tried-and-proven use of eminent domain, the surface of your land, with or without a home, is very much out of your control.

If you don’t know who owns the mineral estate under your land or home, you don’t know who may be able to exercise immense control over the surface of “your” property. The residents of the Chalk Creek area are now finding out the hard way.  We have learned the great value of a good title search.

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