Buying an acreage near Mandan and wondering who really owns what under your feet? You’re not alone. In Morton County, mineral rights and surface rights often travel on different paths, and the fine print can shape how you use your land. In this guide, you’ll learn the key terms, how mineral dominance works in North Dakota, what recorded “statements of claim” can mean, and a practical checklist to protect your plans. Let’s dive in.
What mineral rights mean in Morton County
Buying rural land here usually starts with a simple question: do you get the surface only, or the minerals too? The answer sits in the recorded deed history and any leases tied to the parcel. Because North Dakota treats the mineral estate as the dominant estate, it’s smart to understand that structure before you close.
Surface estate vs. mineral estate
The surface estate covers what you see and use day to day. Think homesites, fences, crops, driveways, and utilities. The mineral estate covers the subsurface minerals, including oil and gas. A past owner may have kept the minerals when selling the land, so someone else might now own those rights.
Severed minerals and reservations
When a deed or will says minerals are “excepted and reserved,” the minerals are severed from the surface. That means the surface can sell again and again, while the minerals remain with the party named in the reservation. You might also see separate mineral deeds or recorded memoranda of oil and gas leases that flag an active lease on those minerals.
Working and royalty interests explained
A working interest is the operator or party who explores and produces and pays the costs. A royalty interest is a share of production or revenue to a non-operating mineral owner. You may also see overriding royalty interests, net mineral acres, or leasehold language in recorded documents. Treat each of these as a clue about who controls what and who gets paid.
How mineral dominance works in North Dakota
In North Dakota, the mineral estate is typically the dominant estate. The mineral owner, or their lessee, may use the surface when reasonably necessary to explore for and produce minerals. That use is subject to state permitting, environmental rules, and compensation requirements where applicable.
Reasonable surface use and your protections
Even with mineral dominance, you have protections as a surface owner. Operators must follow state permitting, spacing and unit orders, and reclamation standards. You can seek compensation for eligible surface damages through statutes, leases, or surface-use agreements, and you can use state complaint channels for reclamation or enforcement issues if needed.
Morton County context to keep in mind
Morton County sits near active oil and gas development areas. You should assume there may be recorded leases, unit orders, or nearby wells that could affect how the land is used. Plan to review county records and the North Dakota Department of Mineral Resources tools to understand current or planned activity around your acreage.
What a recorded “statement of claim” can signal
County recorders accept many document types. A “statement of claim” can be a broad label, so the content matters more than the title. In an oil and gas context, it might be a notice asserting mineral ownership, a memorandum of an oil and gas lease, an assignment, or an affidavit clarifying heirs’ shares.
If you see a “statement of claim,” treat it as potentially material. Get the full recorded copy and read what it actually says. Then have a North Dakota oil and gas attorney explain how it affects ownership, royalties, leasehold rights, or surface use on your parcel.
How to check if minerals are severed
Confirming who owns minerals takes a careful look at the public record. You’ll combine the deed chain, any recorded leases or assignments, and state oil and gas data to build a complete picture.
Read the chain of title
Start with a complete chain-of-title search back to the root conveyance. Look for reservation language in older deeds such as “excepting and reserving oil, gas, and minerals.” Watch for separate mineral deeds, memoranda of leases, easements that grant access, and liens tied to mineral property. Ask a local abstractor and an attorney for a formal title opinion.
Use state databases and maps
Check North Dakota Department of Mineral Resources well maps and ownership data for wells, permits, operators, and unit orders near your land. Review production history where relevant. These sources help you verify whether a lease is active, who the operator is, and whether the parcel sits within a spacing or unit order.
Ask for seller records
Request copies of any leases, division orders, royalty statements, and surface-use agreements. Ask for history on drilling activity, surface damages, reclamation, and any notices from operators. These documents can help reconcile what you find in county records and state databases.
Title insurance and legal review
Standard owner title insurance may not automatically cover mineral issues. Ask your title company what mineral or lease endorsements are available and review all proposed exceptions. For mineral ownership and encumbrances, order an oil-and-gas–aware title opinion from a North Dakota attorney who handles mineral titles.
Your attorney can interpret reservations, pooling or unitization orders, memoranda of lease, and any “statement of claim.” Small wording differences can control ownership, access, and payments, so professional interpretation is essential.
Protect your surface use
If minerals are severed and leased, you can still plan for practical surface protections. Consider negotiating:
- A surface-use agreement that addresses entry points, road locations, timing, fencing, weed control, and reclamation standards.
- Damage provisions that outline payment for crop loss, compaction, or loss of use.
- Restoration obligations with timelines, reseeding standards, and final grading.
- Insurance and indemnity terms that require operators to carry coverage and hold you harmless for certain claims.
Buyer due-diligence checklist
Use this checklist before you write or remove contingencies:
- Order a complete abstract and copies from the Morton County Recorder for:
- All deeds in the chain, including any mineral deeds.
- Memoranda of oil and gas lease, assignments, and pooling or unit orders.
- Any recorded “statement of claim,” affidavit, or lien that mentions minerals.
- Surface easements or access agreements.
- Obtain a title opinion from a North Dakota attorney experienced in mineral titles.
- Review North Dakota Department of Mineral Resources tools for:
- Active and permitted wells, spacing or unit orders, and operator information.
- Production history for any wells on or near the tract.
- Ask the seller for:
- Leases, division orders, royalty statements, and surface-use agreements.
- A history of drilling activity, surface damages, reclamation, and any pending claims.
- Consider contract protections:
- Surface-use agreement terms, damage payments, restoration standards, and insurance.
- Escrow or indemnity provisions for outstanding surface or subsurface liabilities.
- Confirm tax status with the Morton County Treasurer, including any mineral-related assessments.
- Consult counsel before signing and include clear representations and warranties on mineral ownership and known encumbrances.
Local resources
- Morton County Recorder or Registrar of Deeds for copies of recorded instruments.
- Morton County Treasurer for parcel and tax data.
- North Dakota Department of Mineral Resources for maps, permitting, operators, and production data.
- North Dakota Industrial Commission, Oil and Gas Division for enforcement and spacing or unit orders.
- Local title and abstract companies with oil and gas experience.
- North Dakota attorneys who handle mineral title and surface-use agreements.
- NDSU Extension publications for landowner guides on leasing and surface rights.
Next steps
If you’re eyeing an acreage in the Mandan area, plan your mineral and surface review early. Ask for the full deed chain, pull county and state records, and line up an attorney’s title opinion before you remove contingencies. With the right due diligence, you can buy with confidence and protect how you intend to use the land.
Have questions or need a local partner to coordinate the process? Reach out to Patrick Koski with Realty ONE Group – Encore to get a free home valuation & consultation. Let’s map out your purchase and set up the right protections for your acreage.
FAQs
What are mineral rights vs. surface rights on Morton County acreages?
- Mineral rights control subsurface minerals like oil and gas, while surface rights cover everyday land use. A past deed may have reserved minerals to someone other than the surface owner.
How does mineral dominance affect my use of the land in North Dakota?
- The mineral estate is typically dominant, so the mineral owner or lessee can make reasonable surface use to explore and produce, subject to state rules and compensation requirements.
What does a recorded “statement of claim” mean in county records?
- It can signal a claimed mineral interest, a memorandum of lease, an assignment, or an affidavit. Always obtain the full document and have a North Dakota attorney interpret its effect.
How can I find out who owns the minerals under my Mandan acreage?
- Order a chain-of-title search and a written title opinion from an oil-and-gas–aware North Dakota attorney, and review county recordings and state oil and gas databases.
Will my title insurance policy cover severed mineral issues?
- Not automatically. Ask your title company about mineral or lease endorsements and review exceptions. Rely on a formal title opinion for mineral ownership questions.
Are there active wells or leases near my property in Morton County?
- Check county recordings for leases and use North Dakota Department of Mineral Resources maps and production data to identify wells, permits, and operators in the area.
What agreements can protect my surface if someone else owns the minerals?
- Consider a surface-use agreement, clear damage provisions, restoration standards, and insurance and indemnity terms to manage access, timing, and compensation.
