What does ownership rights in a parcel of real estate limited to the surface of the property exclude?

When ownership rights in a parcel of real estate are limited to the surface of the property, this means that the owner has rights only to the land and any structures or vegetation above ground level. As a result, they do not have rights to what lies beneath the surface or above the surface.

Subsurface rights refer to the ownership of any resources found below the earth's surface, such as minerals, oil, or natural gas. When these rights are severed from surface rights, the surface owner cannot extract or access these resources.

Air rights pertain to the space above the property, which can be used for various purposes, including constructing buildings or satellites. If the surface rights do not include air rights, the owner cannot use the space above their property.

Therefore, if ownership rights are limited solely to the surface of the property, both air rights and subsurface rights are excluded from that ownership. Recognizing that ownership can be divided into surface, air, and subsurface rights is crucial in real estate, and understanding the implications of these divisions is essential for any prospective broker or real estate professional.