Q: If we don’t own the mineral rights on our land, what rights do we have if the mineral rights owner leased the land and
they are proposing to drill 3 wells on our property, using 9 acres of our 24 acre property?
A:
The answer to this question depends on the state in which you own the property. Generally speaking the mineral estate is considered the dominant estate. This means that as a surface owner you have limited rights. Companies usually want to have good relations with the surface owner and will negotiate with regard to the placement of the wells, roads etc. As the surface owner you may be entitled to surface damages for the use of the acreage. Visit with an attorney in your state.
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