Austin, TX asked in Energy, Oil and Gas and Real Estate Law for Texas

Q: If you have fractional interest in mineral rights, can you prevent someone from drilling on the surface of the land?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

1 Lawyer Answer
James Tack Jr
James Tack Jr
Answered
  • Energy, Oil & Gas Law Lawyer
  • Oklahoma City, OK
  • Licensed in Texas

A: Generally, all cotenants have the right of access to the jointly owned property. If you own surface and a partial mineral interest, the other mineral interest owners are your cotenants and they have right of access also. The best solution for a surface owner with partial mineral interest is to sign a lease with the operator of the well to be drilled with whatever surface restrictions you and they can agree to. Your success of doing so depends upon how much land you have and its relation to the unit to be formed. With horizontal drilling, it is easier for an operator to move surface locations. With vertical drilling, it is sometimes more difficult. You should consult with an oil and gas attorney for a solution to our particular situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.