Who has the superior right over the surface owner in terms of mineral rights?

The mineral owner has the superior right over the surface owner when it comes to mineral rights. This is based on the principle of "dominant vs. servient estates," where the ownership of mineral rights takes precedence over surface rights. The mineral owner possesses the legal authority to explore, develop, and extract minerals beneath the surface, even if they do not own the surface land itself. This fundamental concept of property law allows mineral owners to grant leases for exploration and production, influencing how the land is used and developed.

In contrast, the surface owner has rights that are primarily related to the use of the land above ground, which may be affected by the mineral owner's activities. While the surface owner can utilize the land for various purposes, they cannot impede the mineral owner's lawful activities pertaining to resource extraction. The royalty owner and overriding royalty interest owner are both entities that derive benefits from mineral extraction but do not hold the same level of primary rights as the mineral owner. Thus, the mineral owner's rights will typically supersede those of the surface owner.