Mineral Estates in Missouri

Mineral exceptions

Oil, gas, coal, clay, sand, gravel, and timber are significant interests that can be severed from the fee estate. A reservation of minerals does not reserve sand and gravel at the surface. If minerals are reserved in a deed or conveyed separately, the estate insured should be designated as "surface rights only." In many urban areas there are ordinances which would prohibit the disturbance of the surface for mining operations.

Insuring mineral interests

Mineral interests are not insured in Missouri because of the difficulty in searching the title to them. Missouri does not have a "marketable title" type of statute that requires re-filing of a mineral interest after a specified period to keep it alive.

Sand, gravel, etc.

Missouri recognizes subsurface estates in sand, gravel, and clay. (138 Mo. 439) Title Insurance is not provided for these subsurface estates.