What are surface rights in real estate?

Surface rights in real estate refer specifically to the rights that pertain to the use of the surface area of a property. This includes the ability to build on the land, cultivate crops, or use the land for various activities. When someone possesses surface rights, they have the legal authority to derive enjoyment and utility from the land itself.

It is important to note that while surface rights allow for the use of land, they do not necessarily include rights related to what lies below the surface, such as minerals and resources, or rights to airspace above the property. These other rights can be governed by different legal frameworks and can be owned separately from surface rights. Therefore, the definition focused on the surface area is what clearly aligns with the concept of surface rights in real estate.