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

Q: What mineral rights /circumstances do I need to hold to prevent someone from drilling on my land, practically speaking?

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
Aimee Hess
Aimee Hess
  • Energy, Oil & Gas Law Lawyer
  • Streetman, TX
  • Licensed in Texas

A: Generally speaking, in Texas each undivided mineral owner has the right to have their share of the minerals produced, even in the absence of consent from other undivided owners. In some cases, the Texas Railroad Commission requires a certain percentage of the mineral owners to be leased. In addition, drilling must comply with Railroad Commission requirements and local ordinances. You will need to have an oil and gas attorney review all the facts of your situation to see if there are limitations on drilling in your case,

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