What is surface rights in Texas?

Texas courts have long held that the mineral estate is the dominant estate, and that the mineral owner, or the owner's lessee, has an implied easement to use the surface in a manner that is reasonably necessary to develop the minerals.

US Legal Forms
Surface Lease Agreement

Sample Surface Lease Agreement

Name: Surface Lease Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.79 (396 reviews)

Category:

Oil Gas and Minerals - Agreements

State:

Multi-State

Control #:

US-OG-254

Format:

Instant download

Description

This form ias used when the Lessor grants the Lessee the right to construct, operate, and maintain on the Lands a pumping and injection station, oil production facility, buildings, pipeline connections, tanks, offices, and fixtures necessary for that station. Lessee shall have the full, free, and exclusive use of the surface of the Lands during the term of this Lease, together with the right of ingress and egress to and from the Lands, and from, over, and across other lands owned by Lessor.

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FAQ

Surface rights are subservient to mineral rights, which means the owner of a mineral servitude will be able to access and use the surface to extract the minerals from underneath.

Texas is one of the states with split ownership of mineral and surface rights. The state considers the two to be separate estates. Landowners with mineral and surface rights to their land can extract unlimited minerals, gas, or oil from the land.

In states with split ownership laws, land can be sold to only include surface rights. This means that if oil or gas is present under the soil, the landowner will have no legal rights to them.

(Oil & Gas Exploration and Production) An oil, natural gas, and mineral lease gives the lessee rights to exploit minerals beneath the surface of the property.It also grants the lessee the right to utilize the surface of the property to access those minerals.

Texas courts have long held that the mineral estate is the dominant estate, and that the mineral owner, or the owner's lessee, has an implied easement to use the surface in a manner that is reasonably necessary to develop the minerals.

Surface lease means a lease, easement, or other agreement providing the holder with the right to enter the surface of any land for the purpose of constructing and operating a well, facility, flowline, roadway, or power line; Sample 1. Based on 1 documents. Save.

Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.

Surface rights are, as the name implies, the rights to the surface area of a piece of land. This includes any structures on the property, as well as the rights to farm the land or exploit aboveground resources such as trees, plants, or water according to local laws and ordinances.

How far down the mineral rights go depends on the mineral and technology used. The average depth of open-pit mining a surface mining technique used to extract metals such as nickel, copper, uranium, and coal is between 100500 meters. For deep mining, the average depth is 2.83.4 kilometers.

Sample Surface Lease Agreement

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