Florida Real Estate Broker ExaminationReal Estate Law and RegulationsEasy
A Florida real estate sales associate is preparing to list a property. The seller informs the associate that they wish to reserve mineral rights to the property for themselves. Which of the following best describes this right?
- AIt is a riparian right.
- BIt is an appurtenant easement.
- CIt is a subsurface right.
- DIt is a littoral right.
Show answer & explanationAnswer & explanation
Correct answer: C. It is a subsurface right.
Subsurface rights include the rights to minerals, oil, and gas below the surface of the land. These rights can be separated from the surface rights and sold or retained by the grantor.
Why the other options are wrong
- A. Riparian rights relate to properties bordering a flowing body of water.
- B. An appurtenant easement is a right to use the land of another for a specific purpose, benefiting an adjacent parcel.
- D. Littoral rights relate to properties bordering a non-flowing body of water, such as a lake or ocean.
Subsurface Rights
The rights to the natural resources, such as minerals, oil, and gas, found beneath the surface of a property.
- Can be separated from surface rights.
- Are part of the larger 'bundle of rights' in real property.
- Often involve complex legal agreements for extraction.
Memory trick: Remember the 'Bundle of Sticks' – each stick is a right, and some go deep!