Texas Surface Owners Beware!: Understanding Mineral Lessee’s Rights to Use the Surface Estate

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In Texas, surface owners are often surprised to learn that mineral owners who lease the mineral rights to an oil company grant that company the right to various uses of the surface estate. In these situations, the surface owner's permission to allow the oil company to make use of the land, groundwater, and caliche on the property is not required. It is critical for all landowners, and especially for those surface owners who do not also own the mineral rights to the property, to understand the rights of mineral lessees, as well as the limits on those rights.

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