Do mineral rights ownership apply in this situation

General Mineral Rights Discussion
1

I have leased a piece of property where a large amount of rock has been dumped from a road building project about 40 years ago. I don’t know if the land owner has the mineral rights to the land or not. I want to sell this rock, so do mineral rights even come into play here since the material in question was brought here and dumped from another location? Thanks

2

L.M.:

In my opinion, this material would belong to the owner of the surface. I would first contact the surface owner as this rock would most likely belong to that individual. Further, I don't think mineral rights would even play a role in this matter.

3

Thank you for the reply. I already have an agreement with the surface land owner, we just needed to make sure we didn’t have to track down mineral rights info.

4

L.M.:

Again, this is just my opinion but I am almost certain this material would belong to the surface owner.

5

State Highway Departments often stockpile crushed gravel near the quarry. In your case it may be that an excess was crushed and forgotten about. If it is processed rock, best check with the local DOT office.

6