1. Does this mean that if the heirs or whoever inherited these rights could just randomly waltz in and start digging up my cousin's yard or the builder's subsidiary could just set up an oil rig there?
No, they do not have surface rights per the text you sent
2. Will she face any difficulty eventually selling or refinancing this home?
Some places call it a split estate and others severed rights but regardless of the phrase it is common in western states going back to the land grants. A majority of the property in western Colorado, for example, has split estate.
3. Do their reserved rights cause the possibility for them to interfere with her quiet enjoyment of the property, especially if the heirs of the couple or whoever owns the rights have rights to minerals found in (the surface) of the land?
My first question would be whether there are resources in the area being mined? Quiet enjoyment is a tricky phrase. There are directional gas wells that could be near the property and the well could be a thousand feet below the property. There are situations in which that might be okay and ones in which a person might find any such activity a nuisance. I do not own the mineral rights to my property but there is not quite zero percent chance of drilling here as no resources have been identified.
4. Should she just pass up this house? It sits on expansive soil with ground water seepage noted at 9ft so she was already concerned.
That would be a bigger issue to me than split estate unless there was mining in the area. Expansive soils covers a range of soil types, a soils engineer would provide info on whether it is a simple adjustment to the foundation, micropiles or similar solution, or a no-go.
TIA for your feedback. Much appreciated.
Statistics: Posted by WhyNotUs — Sun Aug 11, 2024 6:25 pm — Replies 17 — Views 1440