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

Q: Real Estate transaction buyer wants assurances from seller on mineral conveyance that the seller will consult with buyer

should they lease and then drill on the land he is buying. A simple agreement document will do. Understandably if the buyer is building on the acreage he doesn't want his right to a peaceful lifestyle disturbed nor his investment building a new home.

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

A: You will need have an attorney draft a deed that prohibits or limits surface access by the mineral owner. If it's not in the deed from the seller to you it does not count (i.e., a simple side agreement won't work).

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