Tampa, FL, March 11th, 2025–Written by Josh Streitmatter
When buying land in Florida, most people focus on what’s visible—sprawling pastures, prime development opportunities, or scenic waterfront properties. However, what lies beneath the surface can be just as crucial. Mineral rights—often overlooked in real estate transactions—can carry significant value and legal implications for property owners.
A Costly Oversight: The Reality of Severed Mineral Rights
Imagine purchasing a 100-acre property in Central Florida—a picturesque landscape with rolling pastureland, oak hammocks, and convenient road access. The buyer meticulously reviewed zoning laws, environmental regulations, and floodplain risks, but one critical detail was missed—the mineral rights had been severed decades ago.
One day, the new landowner received an unexpected letter from a phosphate mining company announcing plans for exploratory drilling on their land. Shocked, they discovered that while they owned the surface rights, a separate entity still controlled the subsurface mineral rights. Because these rights had been legally transferred long ago, the landowner had little recourse to prevent mining activity.
What Are Mineral Rights?
Land ownership is commonly described as a “bundle of rights”, which can be separated and sold independently. Mineral rights grant the legal authority to extract and profit from underground resources like:
✅ Phosphate (a key component in fertilizers)
✅ Oil & Gas (exploration and drilling rights)
✅ Limestone & Other Aggregates (used in construction and road materials)
In many cases, previous landowners or corporations have retained or sold these rights, leaving current landowners unaware of their lack of control over subsurface resources.
Why Florida Landowners Should Be Concerned
Florida, particularly Central Florida and the Panhandle, has a long history of mineral extraction, including phosphate mining and oil drilling. Severed mineral rights mean a third party—often a mining company or investment group—can legally conduct exploratory drilling, mining, or resource extraction on your property without your consent.
Although Florida law requires companies to compensate surface owners for damages, landowners cannot prevent legal mineral extraction if they do not own the mineral rights. This can lead to:
🔹 Disruptions to property use (drilling, excavation, and site operations)
🔹 Reduced property values (due to potential mining activity)
🔹 Limited development opportunities (restrictions on building projects)
How to Check Mineral Rights Before Buying Land
To avoid unpleasant surprises, land buyers and investors should take proactive steps before purchasing Florida land:
1️⃣ Title Search & Deed Review
- A standard title search may not disclose severed mineral rights. Request a specialized mineral rights title search to ensure full transparency.
2️⃣ Public Records Investigation
- Many Florida counties maintain records of past mineral reservations, often dating back decades. Check with the county clerk’s office or property appraiser for historical data.
3️⃣ Legal Consultation
- An experienced real estate attorney specializing in mineral rights can review deeds, explain legal implications, and help negotiate mineral rights acquisition if needed.
Can You Buy Back Mineral Rights?
In some cases, mineral rights can be repurchased from their current owners—but only if they are willing to sell. Some land developers, conservation groups, and private buyers actively work to reacquire these rights to prevent future extraction and protect land value. If you’re considering a land purchase, research whether buying back mineral rights is a viable option.
The Environmental & Legal Impact of Mineral Rights in Florida
Even though Florida enforces strict environmental regulations on mining and drilling, landowners with severed mineral rights may have little control over underground activities. Additionally, properties with historical mining or drilling may come with environmental liabilities or costly reclamation requirements.
Final Thoughts: Protecting Your Land Investment
For Florida landowners, mineral rights can be a hidden wildcard in property ownership. Whether you’re buying, selling, or developing land, understanding who controls the rights beneath the surface is essential.
Before making a land purchase, hire the right professionals to conduct due diligence. A great deal on land may not be as great as it seems if someone else controls what lies beneath.
📌 Thinking of buying land in Florida? Make sure you ask the right questions—and don’t overlook what’s underground. You can contact me at 813-287-8787×113 or at josh@thedirtdog.com.
