I represent a Buyer from out of State and we are set to close next Friday. This is a 35 acre parcel and has Magnificent, Un-blockable views of the Western Slope/Continental Divide.
PAGOSA PEAK
He recently received the Title Documents to preview and noticed the Mineral Rights were not to be included in the Conveyance of the Property. He knows that if someone were to discover oil, natural gas, gold or coal, they could in all actuality, mine the subsurface for the harvest.
What he didn't undestand was that on any land up here, if the subsurface rights are precluded from a sale and the mineral rights owner decided to acquire the deposits, whatever they may be, the owner of such rights would have to derive a way to obtain these "treasures" as to not disrupt the way of life for the surface owner. This includes "The Right to Peaceful Enjoyment"
This means, that a company cannot come in and dig a quarry on your property to obtain the bounty. Especially if/when the "Peaceful Enjoyment" is disrupted. If they wanted to put a Gas or Oil Well rig on your property, they could do just that as long as there wasn't any consistent noise of more than 24 hours. Depending on what the subsurface matter was, if the surface owner put up a big enough fight, it could work out in everyone's benefit.
Another thing that should be acknowledged is, if there were any substantial deposits, of anything, they probably would have been mined, long ago.
Your property rights do matter in Colorado. The Right to Peaceful Enjoyment is just one of them.
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