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Mineral Rights & Royalties

Subsurface mineral and royalty interests. In most states they qualify as real property, so they can take 1031 proceeds and pay royalty income.

2 min read · Updated 2026

Why investors use mineral and royalty interests

Whether a given mineral or royalty interest qualifies as real property for Section 1031 can depend on state law and the specific interest. Confirm eligibility with your tax and legal advisors before relying on it.

What to weigh

How Baker 1031 helps

We help source mineral and royalty programs structured to qualify for a 1031, bring diligence to the operator and the underlying interests, and coordinate the exchange so the strategy fits within your overall replacement plan and deadlines.

Is this right for you?

It may suit an investor who wants to diversify exchange proceeds into income-producing subsurface interests and is comfortable with commodity-price and production variability. It is not a fit for an investor seeking stable, building-based income or liquidity.

Frequently asked questions

Do mineral rights qualify for a 1031 exchange?
In most states, subsurface mineral and royalty interests are treated as real property and can qualify as like-kind replacement property. Eligibility can depend on state law and the specific interest, so confirm with your advisors.
What kind of income do they pay?
Typically royalty income tied to production. It can be attractive but is variable and tends to decline as wells deplete.
What are the main risks?
Commodity-price and production risk, depletion, valuation and liquidity challenges, and operator dependence.

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Important disclosures. This page is general information for accredited investors as defined under SEC Rule 501 of Regulation D and is current as of 2026. It is not tax, legal, or investment advice, a recommendation, an offer to sell, or a solicitation of an offer to buy any security; any offer is made solely through a sponsor’s private placement memorandum after a suitability determination. Tax and securities rules are complex, fact-specific, and subject to change; consult your own qualified tax and legal advisors and verify current law before acting. DST, QOF, and related securities are speculative and illiquid and involve substantial risk, including possible loss of principal and the risk that a 1031 exchange fails to qualify for tax deferral. Any performance figures referenced on this site are sponsor-reported, realized-only, and net of fees, sponsor load, and program expenses; individual tax results vary. Securities offered through Aurora Securities, Inc. (ASI), member FINRA/SIPC; content subject to registered-principal approval.
Better Call Jerry

Most exchanges are won before the clock starts.

A 1031 exchange runs on hard deadlines — 45 days to identify, 180 to close. The decision behind it deserves more room than that. Reach Jerry directly, while every option is still open.

Direct line +1 415 579 1660 · invest@baker1031.com