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What is the difference between mineral rights and surface rights in Texas?

On Behalf of | Sep 15, 2020 | Gas And Mineral Law

There are property owners in Texas who may not know that there are two types of land ownership they may possess. There are many properties in Texas that may contain mineral rights as well as surface rights. Knowing the difference between these types of rights can be important.

Surface rights in Texas

When a person buys a piece of property in Texas it can be obvious what is included. A property owner in Texas typically owns everything on their property that is above ground. These items may include buildings, houses, crop land, grazing land. Additionally, the owner of the property has the right to dig into land to install a well or septic system. However, the owner cannot sell the land to oil or gas company for exploration purposes

Mineral rights in Texas

In Texas there is also property that may be under the ground. On certain property in Texas there are people who own mineral rights. Mineral rights may be owned by a company or another person. If a person or company who owns the mineral rights wants to drill for oil they can do that in a property owner’s yard. Surface and mineral rights can have co-ownership of land as well.

If a Texas resident has questions regarding their surface or mineral rights, they may want to speak with a legal professional who is skilled in mineral law. An attorney understands that this can be a complicated manner for a Texas property owner with a lot at stake. They can help their client understand who owns the oil or minerals and explore their property rights as well.