Understanding Surface and Ownership Rights in Louisiana, Texas and Oklahoma

Louisiana Surface and Ownership Rights

Louisiana civil code did not anticipate the development of oil and gas when it was written.  In the 1970s mineral code was enacted to address these rights issues.  Under the codification of Louisiana ownership rights, mineral rights cannot be severed from Louisiana surface rights as they can in most states.  Louisiana land owners do not own the minerals under their land, but instead, own the exclusive right to produce them.

If a land owner wants to sell the minerals under his or her land, a mineral servitude can be imposed upon the land.  This gives the buyer the right to find and extract oil and gas from beneath the land.  If the mineral servitude is not used within ten years, the right to produce the minerals reverts back to the land owner.

The mineral servitude can be extended by actual production, and continues for as long as production continues.

Texas Surface and Ownership Rights

Under law, Texas ownership rights comprise two separate sets of rights, known as the surface estate and the mineral estate.  In many areas of Texas, especially those that have seen extensive oil and gas development, it is common for the mineral estate and surface estate to be owned by different people or companies.

The severance of the mineral estate from the surface estate occurs when an owner sells the Texas surface rights and retains all or part of the minerals, or sells the minerals and retains the surface ownership.  If a land owner does not explicitly retain the mineral estate when selling the land, the mineral estate is automatically included in the sale.

Oklahoma Surface and Ownership Rights

Oklahoma ownership rights may be severed so that one person owns surface rights, while another owns mineral rights.  Mineral rights may be transferred in a mineral deed or may be retained by the former owner when Oklahoma surface rights are transferred.  In Oklahoma, mineral rights are incorporeal interests.  They represent a right to try to capture the minerals, though the minerals themselves are not owned until they are captured.

Get experienced help

In all cases, it is important to consult an experienced attorney to fully understand your ownership rights and surface rights.  Our attorneys can review title opinions, lease agreements, contracts, force-pooling orders, and all other agreements associated with the development and exploration of oil and natural gas on your property, and advise you as to your best options.  To put our experience to work for you, call the Sloan, Bagley, Hatcher & Perry Law Firm today at 1-888-339-6132 or contact us online.