Who Owns the Land Beneath Your House?
2026
Recently, in Tampa Bay, a family buying a home discovered at closing that the home builder had signed away the rights to the land underneath their home. The builder’s holding company, an energy firm, was granted the ‘mineral rights’ to the property, giving it the freedom to drill, mine, or explore for minerals beneath the home’s surface. Which raises a question for every homeowner: do you know who owns the land beneath your house? Here’s what you need to know.
You Probably Own the Land
Most property ownership law is based on the Latin doctrine, “For whoever owns the soil, it is theirs up to heaven and down to hell.” Another way of putting it: You probably own the property underneath and around your house.
But not always.
Closely Review Contracts and Disclosures
Sometimes, a buyer will uncover an easement for a driveway or walkway that runs through their property. This is why it’s important to carefully review contracts and disclosures.
The good news is that a home builder or homeowner can’t simply decide to claim any rights to a property without first disclosing those rights in the real estate contract or in a disclosure statement.
Disclosures vary by state. Many disclosure statements require sellers to inform the buyer if someone has laid claim to the property, or if the buyer is limited to claims in the future. If the seller is unaware of such claims, or the home you’re buying is in a state that doesn’t require such disclosures, then it’s even more important to closely review the property’s title report before signing off.
Sometimes, a seller doesn’t know that another party has laid claim to the property. For example, it can happen in the case of a resale in a newer subdivision where the current owner bought from a homebuilder directly.
Take a Long Look at the Preliminary Title Report
But access to the land beneath your home must be granted via a deed. As a result, it would show up on the Preliminary Title Report.
The title report provides ownership information and acknowledges loans, deeds or trusts, easements, encroachments, unpaid property taxes or anything else recorded against the property. Example: If a homebuilder deeded mineral rights to itself, the builder would have been required to record that deed. If so, it stays on the title report until the builder and current owner agree to remove it.
Do Your ‘Due Diligence’
Some buyers think doing their ‘due diligence’ before closing simply means having a property inspection. But that’s not enough.
Always review all documentation, disclosures and title paperwork prior to signing a real estate contract. If you’re uncertain about something, ask your agent for help reviewing the documents. If that isn’t enough, consider hiring a real estate attorney to examine the paperwork on your behalf.
