As per the sale of a simple estate, it is most common for the owners to own surface and subsurface rights. As the name suggests, surface rights are the right of entitlement to use anything above the ground within ownership boundaries. However, owning a subspace gives the owner the rights for everything below the surface owned by the person. Subsurface rights are also otherwise considered real property, and just like any other property, they can be owned independently or divided among the shared parties. The importance of the term “real property” is that it provides the person with the ownership of the mineral rights. Mineral rights create an asset for the person as it can be sold or leased in a split estate that allows selling the mineral rights to an interested party for profit.
Real property refers to the land and any space or property directly attached to it, including any subset of the land that may have changed by human action. In a legal sense, owning a real property gives the person the right to control the estate’s use, transfer, or selling. The real estate rights also include possession, control, enjoyment, or disposal rights. The three main features of real property are as follows:
Land and the structures: These include the soil and the natural or artificial structures attached to the Earth. Water bodies are found on or under the surface and the exterior boundaries that extend as deep as the center of the Earth or as far as the farthest reaches of the atmosphere.
Airspace and subsurface rights: This feature allows the owner of the real property to enjoy his or her right over the airspace above the owned land and the right to soil and the minerals under and on the surface land.
Plant life and vegetation: Plant life and vegetation for the real property include natural and cultivated plantations. If only the crops are sold to a person individually, it is considered a personal property or goods and is generally governed by the UCC.
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