What do surface rights entail?

Surface rights refer to the legal rights that come with owning a piece of real estate, specifically related to the use and control of the surface area of that property. This includes the ability to build structures, cultivate land, and utilize the surface for various activities. The owner of the surface rights has the authority to make decisions regarding how the land is used, such as agricultural practices, landscaping, and development projects.

Understanding surface rights is crucial in real estate as it defines the boundaries of what the owner can do with their property, separate from subsurface rights (which pertain to minerals and other resources found beneath the ground) or air rights (which relate to the airspace above the property). This distinction is important because landowners may sell or transfer rights separately, and knowing what surface rights include helps in navigating property ownership and transactions.