What does "surface rights" refer to in real estate?

Surface rights specifically pertain to the legal rights that allow the owner to utilize the surface of a parcel of land. This encompasses various activities such as building structures, farming, and landscaping. Surface rights are primarily concerned with what can be done on the land itself, rather than what exists below it or above it.

While the other options touch on related topics in real estate, they do not define surface rights. The rights to minerals beneath the land are known as subsurface rights, and those dealing with the airspace above a property refer to air rights. Ownership of land without restrictions typically describes fee simple ownership but does not specifically define surface rights. Understanding surface rights is crucial as they form the basis of land use and property development, impacting how the property can be utilized and what activities are permissible on it.