Legal Question in Real Estate Law in Colorado
landowners rights against minerial roghts
''I own 40 acres in Colorado a company asked to cut a road thru paying asmall fee I disagreed wanting to keep natural all land.Now they go ahead cutting a road for a pipeline claiming they own the minerial rights. Please inform me of my rights if any.''
1 Answer from Attorneys
Re: landowners rights against minerial roghts
As a general matter, the right of access to the mineral estate is in the nature of an implied easement, since it entitles the holder to a limited right to use the land in order to reach and extract the minerals. However, unless the conduct of an operator in accessing, exploring, drilling, and using the surface is reasonable and necessary to the development of the mineral interest, the conduct typically would be considered a trespass.
Let us know if we can be of further assistance.
Very truly yours, Pete Thomas
303-260-6424
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