What is a split estate?
A split estate occurs when the mineral estate is severed or separated from the surface estate upon sale or transfer of the surface estate. The federal government retained mineral ownership on some lands that were transferred under Homestead Acts, including the 1916 Stock Raising Homestead Act. Idaho Law enacted in 1923 requires the State of Idaho to retain the mineral estate on lands they sold subsequent to May 8, 1923. Private land owners sometimes retain minerals when they sell the surface of land. Both the surface and mineral estate owners on split estate lands have property rights. Since minerals have no value unless they can be accessed and mined the mineral estate owner has the right to enter onto the surface estate to access the minerals. Provisions are included in both federal and state law to protect and or compensate the surface owner for damaged to the surface. • How do you find out if the surface estate is severed from the mineral estate? Deeds issued by the State of Idaho
