What do subsurface rights refer to in real estate?

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Subsurface rights relate specifically to the ownership and control of resources found beneath the surface of a tract of land. When someone holds subsurface rights, they have the legal authority to access, explore, and extract minerals, oil, gas, or other natural resources located below the ground. This can be a crucial aspect of real estate ownership, especially in areas rich in natural resources, where subsurface rights can be separated from surface rights, meaning one person may own the land above while another may own what lies beneath it.

Understanding subsurface rights is essential in real estate transactions, as they can significantly impact a property's value and the types of activities that can be legally conducted on the land. In contrast, the other choices refer to rights that do not encapsulate the concept of subsurface ownership. For example, the rights to enforce surface contracts or to rent out land above the surface do not pertain to the unique and specific nature of subsurface rights, which focus exclusively on what lies below the land's exterior.

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