When you are buying a home in New Hanover, Pender, Onslow, or Brunswick County, you will eventually be handed a specific one-page form: the Mineral, Oil, and Gas Rights Mandatory Disclosure Statement (MOG). Most buyers glance at it, see a row of “No Representation” checkboxes, and sign it. They assume, “This isn’t Texas; there’s no oil in my backyard in Hampstead.”

But in coastal North Carolina, the MOG disclosure is not a throwaway. “Mineral rights” can include sand, limestone, phosphate, and other subsurface reservations that can be buried deep in the chain of title. If you do not understand what you are signing, you could be buying the surface while someone else owns what is beneath it.

The Power of Severance in North Carolina

Real estate is a bundle of rights that can be split. Severance happens when a prior owner sells or retains the subsurface rights while selling the surface land. Once severed, those rights can remain separated for generations and still be enforceable today.

The MOG disclosure asks whether mineral, oil, and gas rights have been severed by a previous owner or whether the seller intends to sever them. In the Cape Fear region, the most common answer you will see is “No Representation.”

What “No Representation” Actually Means

• Not a “No”: The seller is not confirming the rights are intact.
• A legal shield: The seller is stating they have no actual knowledge and are choosing not to investigate.
• The burden shifts to you: Discovery becomes the buyer’s responsibility, even if the severance is sitting in recorded documents.

If an old deed severed subsurface rights under your Oak Island home decades ago and the seller marks “No Representation,” the seller can still be compliant while you inherit the problem.

Why Surface Owners Should Care

When mineral rights are severed, the mineral owner may hold an implied right of entry. In plain terms, that can mean the mineral owner has legal authority to access the property for exploration or extraction unless the deed restricts it.

In places like Surf City, Leland, or Wilmington, large-scale extraction in established residential areas is uncommon, but the legal cloud can still matter. It can impact title insurance underwriting, lender comfort, and resale confidence, especially when the documentation is unclear or old.

Strategic Advice for Coastal NC Buyers

Do not let “No Representation” be the end of the conversation. Treat it as a prompt to verify, not a green light to ignore.

Ask for a Targeted Title Review

Your closing attorney is your primary defense. Standard title work often focuses on a limited lookback window, but severances can be far older. Ask your attorney to specifically look for severed subsurface rights and any deed language that reserves minerals, oil, gas, sand, or similar rights.

New Construction Alert: Developer Reservations

In parts of Pender and Brunswick counties, a developer may retain mineral rights across an entire community before selling lots. Always review the Master Declaration and related recorded documents for any reservation language, especially in new subdivisions.

The 3-Day Right to Cancel if MOG Wasn’t Provided

If the seller fails to provide the MOG disclosure before you make an offer, N.C. Gen. Stat. § 47E-5 may give you a three-calendar-day window to cancel the contract without penalty. That window is leverage if new information appears after the contract is signed.

Your Next Step

Ownership is not just what you see, it is what is recorded. Aspyre Realty Group helps buyers in Southeastern North Carolina vet disclosures and coordinate with closing attorneys so you understand what you are buying, what rights come with it, and what risks need to be resolved before you close.