Do You Own the Mineral Rights to Your Land in Teller County? What Buyers Need to Know

Does Buying Land in Colorado Automatically Include the Mineral Rights?

Not always — and Colorado's standard purchase contract says so in all caps. Mineral rights can be severed from the surface and owned by someone else entirely, a detail that often surprises buyers of rural and land properties in Teller County. If you're purchasing acreage in Woodland Park, Divide, or Florissant, or listing land for sale, this is one more piece of the title picture worth understanding before you're under contract.

By Jason Roshek | August 26, 2026

Most buyers assume that when they buy a piece of land, they buy everything under it too. In Colorado, that's often true — but not always, and there's no way to know for sure without checking.

Colorado's Contract to Buy and Sell Real Property includes a specific, all-caps disclaimer warning buyers that third parties may own the right to develop minerals beneath the surface. That language exists because severed mineral rights are common enough in Colorado to require it, and rural land — exactly the kind of property many buyers are looking at in Teller County — is where this comes up most.

What "Severed" Mineral Rights Actually Means

Mineral rights ownership depends on the property's chain of title — the full history of who has owned, sold, or reserved the land and everything under it. There are two basic scenarios:

• Included mineral rights. The current owner holds both the surface and the minerals beneath it, and can negotiate leases or collect royalties if development ever happens.
• Severed mineral rights. A previous owner, sometimes generations back, sold or reserved the mineral rights separately. The current surface owner doesn't own what's underneath, and an outside party may have the legal right to access the property to develop it.

You can't tell which situation applies just by looking at the property or the current owner's deed. It takes actual document review.

How to Actually Check Before You Buy

A few documents answer this question, and none of them is something you can skip if you want a real answer instead of a guess:

• Title Commitment, Schedule B-2. This section lists mineral reservations, existing oil and gas leases, and surface use agreements tied to the property. It's usually the fastest way to see whether something has already been severed.
• Abstract of Title. A full chain-of-title history can reveal older mineral transfers that a recent deed alone won't show, especially useful on land that's changed hands many times.
• The Vesting Deed itself. The document actually transferring the property to you may contain reservation language that contradicts what you assumed was included.

One detail that trips people up: title insurance does not cover mineral ownership. It's a separate question you have to research directly — a clean title policy tells you the surface is clear, not that you own what's beneath it.

Why This Matters More for Rural and Land Buyers

This isn't usually a pressing question for a standard in-town Colorado Springs subdivision lot. It matters more for the kind of rural acreage and land parcels common in Teller County — Woodland Park, Divide, Florissant — where properties often have longer, more varied ownership histories and larger footprints.

It also isn't a purely theoretical concern. Multiple regional land-listing platforms specifically market Colorado parcels as including or excluding mineral rights as a distinct selling point, which tells you buyers and sellers are already treating this as something with real value, not an afterthought.

If mineral rights matter to your plans for a property — whether that's peace of mind about future development, or genuine interest in retaining leasing or royalty potential — it's worth raising with your title company early, not after you're already under contract. I've walked buyers through how the home buying process works in Colorado before, and mineral rights review fits naturally into that same title and due-diligence window.

What Recent Colorado Law Changed

In 2023, Colorado passed SB23-201, which reformed the "forced pooling" process that allows oil and gas development even when some mineral owners haven't consented. The law raised the bar, requiring consent from owners of more than 45% of the mineral interests involved, and added protections for owners who don't consent — including a requirement that development avoid disturbing their rights where possible, or make specific findings if it can't.

That's a meaningful protection, but it doesn't eliminate the underlying question. Even with stronger consent requirements, severed mineral rights are still severed. The law changes what can happen next, not who owns what.

What This Means If You're Selling Land

If you're preparing to sell rural property or acreage, it's worth knowing your own mineral status before a buyer's title company finds it first. Being able to speak clearly to whether your minerals are included, severed, leased, or open gives buyers confidence and avoids a late surprise that can slow down or complicate a closing. I've worked through the specifics of selling a home in Divide or Teller County before, and mineral rights status is one more detail worth having answered ahead of listing rural or land parcels.

Frequently Asked Questions

Do I automatically get the mineral rights when I buy land in Colorado?

Not necessarily. Mineral rights can be severed from the surface and sold or reserved separately by a previous owner, sometimes decades ago. Whether you receive them depends entirely on the property's chain of title, not on the fact that you're buying the surface.

How do I find out if a property's mineral rights are severed?

Review the title commitment, specifically the Schedule B-2 exceptions, which lists mineral reservations, oil and gas leases, and surface use agreements. An abstract of title can trace the full chain of conveyances if the title commitment alone doesn't answer the question.

Does title insurance cover mineral rights?

No. Standard title insurance does not cover mineral ownership. It's a separate research question that has to be answered by reviewing the title commitment and chain of title, not something a title policy protects against.

Can someone drill on my property if they own the mineral rights?

It's possible, though Colorado law (including 2023's SB23-201) added protections for surface owners against forced pooling, raising the consent threshold required from mineral owners and adding requirements to protect nonconsenting owners where development can proceed without disturbing their rights.

Does it matter if I'm buying in Teller County versus El Paso County?

Mineral severance is a title-history question tied to the specific parcel, not the county, but it comes up more often on larger rural and land parcels common in Teller County than on standard in-town subdivision lots, simply because that land has a longer, more varied ownership history.

Mineral rights aren't the first thing most buyers think to ask about, but on rural and land purchases in Teller County, it's a detail worth understanding before you're committed. Whether you're buying acreage in Woodland Park or Divide, or preparing to list your own land, a clear answer on mineral status is part of knowing exactly what you're buying or selling.

Wondering what your property is worth in today's slower market? Get a free home valuation — real numbers, no pressure — at consumer.hifello.com/lp/673b7eac28de6e002dde2d9c.

About Jason Roshek
Jason Roshek is a real estate agent serving Woodland Park, Colorado Springs, and the mountain communities of Teller and El Paso Counties. His mission is simple: help people create real wealth through real estate — with expert guidance, honest communication, and a process that doesn't have to feel overwhelming. Whether you're buying your first rural property or selling to fund your next investment, Jason's team is built to help you make smart, confident decisions. Connect with Jason at jasonroshek.com.