What are your thoughts on including water rights to the buyer when selling surface rights (mineral rights will be retained by seller)?
Linda, water rights customarily go to the surface owner. If the surface owner has no water rights it could make it difficult to farm, raise cattle and so forth. I think you would have trouble selling the surface without the water rights. Possibly you could reserve a royalty on sale of water, which would not inhibit the customary use of the surface for the buyer.
Thank you--I needed to know what the considerations for this were, and your information helps a great deal.