Extractives Industry Law in Africa by Damilola S. Olawuyi

Author:Damilola S. Olawuyi
Language: eng
Format: epub, pdf
ISBN: 9783319976648
Publisher: Springer International Publishing

7.2.4 Surface Interest

While mineral interest is the legal right over everything below the surface of the property, surface interest is the legal right over everything above-ground. The holder of a surface interest has the right to exploit or use the surface of the land. The surface interest is therefore what remains of the bundle of rights of land ownership after a mineral interest has been severed. Surface interest rights are broader and not just limited to the surface of the land. It includes all the rights that are not included in the mineral interest. The surface interest holder has right to other substances that lie on top of the surface, such as water, gravel, or formations of natural gas etc, which are considered to be part of the land surface.

A severed surface owner’s right to use the land is not absolute. Surface interest is subject to the implied easement or right of a mineral interest holder, or an oil and gas lessee, to use as much of the surface when, where and in such ways as are reasonably necessary to search for, develop, and produce minerals. The surface owner’s right to the surface is encumbered or burdened by, and subservient to the easement of the mineral interest holder. This means that the mineral interest owner or lessee may not need permission from the surface owner to use the land surface for extractive operations.13

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