Severing Surface Rights and Mineral Rights

When minerals or oil are discovered on an individual’s property, the initial question to be answered is if the owner is in possession of both the surface estate and the mineral estate. Normally, these two estates are considered to be originally connected and will be owned by the same person. While the property owner may choose to retain both estates, a more lucrative option would be to sell the mineral rights to a production company. However, owners will often not want to lose their property in a sale, as they usually live on the site in question. This is easily addressed by severing the two estates and putting the mineral rights up for sale while retaining the surface rights.

Selling your mineral rights can be an incredibly beneficial decision that will also allow you to continue living in your home uninterrupted while earning a large profit. At The Mineral Auction, we can place your valuable mineral rights in front of our network of reputable buyers in a setting that fosters competitive prices and maximum payments.

Rights of Mineral Estate Owners

Because Texas law gives the mineral estate dominance over the surface estate, mineral estate owners have a number of rights regarding the surface and exploration or production of the mineral. Some of these rights include:

  • Seismic testing
  • Drilling wells
  • Entrance into and exit from well sites
  • Building pipelines
  • Using surface and subsurface water for drilling or production purposes

Though these owners may use the land in several ways to access the resources underneath the property, they can be penalized for using the surface improperly if their actions are deemed negligent, unreasonable, or excessive. In these cases, the mineral estate owner may be required to pay the surface owner for any damages. This helps preserve the surface estate and protects the surface estate owner from unnecessary interruption in his or her daily home life.

Contact Us

At The Mineral Auction, our representatives are dedicated to making sure your mineral rights are sold in a competitive environment. We work to facilitate productive business relationships between surface owners and mineral owners, so that everyone involved is pleased with the results. For more information, call us today at (512) 698-2802.

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