An Overview of Texas Mineral and Oil Rights
Texas Attorneys for Oil and Gas Compensation Law
According to Texas property law, two different forms of rights exist in any real property: surface rights and mineral rights. Surface rights refer to any structure above the surface and sub-surface structures to a certain depth. Mineral rights refer to mineral substances below a certain depth and how those may be preserved, explored or extracted. Local laws set the depth at which surface rights terminate and mineral rights begin.
Under current Texas law, mineral rights can be severed from the surface rights and sold and transferred as a separate unit. Texas mineral rights may be produced by the owner or leased to an oil and gas company for production.
In all cases, it is important to consult an experienced Texas mineral rights attorney to fully understand your mineral rights.
Why mineral rights are important to you
These days, stores of minerals in non-traditional drilling and extraction areas are being considered for production by oil and gas companies. This can mean lucrative signing bonuses, leases and royalties for homeowners, but can also have drawbacks: unsightly equipment, disrupted property, loud noise, and diminished property resale values. Once mineral rights are severed from surface rights, they remain as two different properties into infinity. This can make it difficult to resell a house when the seller does not possess mineral rights.
How Texas is unique
The Texas Supreme Court has found that mineral rights supercede to surface rights. Although oil and gas companies often promise to keep all disturbance away from residential settings, if they hold the mineral rights they can enter your land with no prior notice, and you cannot receive compensation for any damage caused by their incursion on your property unless the damage is caused maliciously.
Consult with us to learn your rights
At the Sloan, Bagley, Hatcher & Perry Law Firm, our knowledgeable Texas mineral rights lawyers can answer all your questions about Texas mineral rights law.
Our lawyers have the Texas oil rights litigation and negotiation skills necessary when seeking compensation for our clients. We take pride in our record of verdicts and settlements. Call us at 1-888-339-6132 to learn about fair oil and gas compensation, or contact us online.
