Fractional or Severed Wind Rights refer to the ownership or control of the right to develop, lease, or receive income from the wind resources over a parcel of land when those rights have been divided from the ownership of the surface estate. In some areas, particularly where commercial wind energy projects are common, a landowner may sell, lease, or otherwise transfer all or part of the economic rights associated with wind energy while retaining ownership of the land itself. As a result, different parties may own the surface estate, the mineral estate, and the wind rights.
Fractional wind rights exist when multiple parties share ownership of the wind rights, while severed wind rights exist when those rights have been completely separated from the surface estate. The owner of the wind rights may have the authority to negotiate wind energy leases or receive royalty or lease payments from wind turbines, depending on the terms of the conveyance and applicable state law. Because wind rights are governed primarily by state law and private agreements, their legal treatment varies across the United States. Buyers of rural property should carefully review deeds, easements, and title records to determine whether any wind rights have been conveyed or reserved by a previous owner.
