There are 3,329 active gas and oil wells in La Plata County. Because of this, owners, buyers and sellers of real estate face unique circumstances regarding property in our area.

In many cases, the mineral rights have been previously sold separately from the surface rights, meaning the owner of the property may not own the mineral rights below the surface of the property.

Because mineral rights have equal legal rights to surface rights, there can be potential conflicts between the two owners. Therefore, it is important to investigate properties to determine the status of the ownership interests of the mineral rights and the likelihood of mineral exploration in the area.

A title commitment may show if mineral rights have been previously reserved and may show that mineral leases encumber the property. A separate mineral search can be provided by the title company at an additional cost and is recommended if mineral rights and mineral exploration are important to the buyer.

Other options for obtaining mineral information include hiring an attorney familiar with mineral rights or hiring a landman to do the research. The buyer then can make an informed decision regarding future mineral exploration and the rights given to the surface owner.

The standard real estate contract to buy and sell in Colorado has a disclosure that states: “The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold interests in oil, gas other minerals ... which interests may give them rights to enter and use the property.”

This serves as an additional warning to the buyer to investigate this issue during the inspection period.

Today’s natural gas industry has brought jobs and revenue. Taxes on natural gas pay approximately 40 percent of all real estate taxes in La Plata County. If gas production is reduced, our real estate taxes would have to increase to cover the deficit.

Along with this revenue comes conflicts between property owners and companies that have paid for the rights to extract the gas. Buyers must determine the benefits and drawbacks involved and know from the beginning what to expect now and in the future.

For more information about specific well spacing, drilling windows and future proposed wells, contact the La Plata County Energy Council at www.energycouncil.org. Christi Zeller, the executive director, has assembled additional information so current and future residents of La Plata County can be more fully informed.

Gina Piccoli is a Realtor at Coldwell Banker Heritage House Realtors in Durango. She can be reached at gina@realestatedurango.com.