Mineral interests can be severed from the surface estate and conveyed separately, creating two estates in one parcel.
The dominant estate. The mineral estate generally has the implied right to use so much of the surface as is reasonably necessary to extract the minerals, subject to accommodation doctrines in some states requiring reasonable alternatives where surface use would preclude existing surface uses.
Severance and title. Once severed, the mineral estate has its own chain of title. A surface owner may not own any minerals, and standard title work must be directed to determine which estate is being insured.
Dormant mineral acts. Many states extinguish or permit reunification of severed mineral interests that have been unused and unclaimed for a statutory period, subject to notice and recording requirements.
Leases. Mineral leases grant exploration and production rights for a primary term extended by production, with royalty, shut-in, pooling and surface use provisions. The pooling clause determines whether the interest can be combined into a unit.
Surface use agreements negotiated separately address location, access routes, compensation, restoration and water use, and are the practical protection for a surface owner.
Diligence for a purchaser. Confirm what is owned, whether any lease is in force, and what surface rights the mineral owner may exercise. Discovering an active lease after closing is a common and avoidable problem.