Let’s talk mineral and surface rights

[jcamp]

So I’m looking into buying this tract of land that seller wants to reserve minerals and groundwater, but will waive all Rights to surface and ingress and egress..

In yals experiences does them waiving surface rights and right to ingress and egress protect me from someone using my surface to get the minerals under the land?


Yes i will have an attorney look over anything written i was just hoping to hear from you guys too.

Thanks!


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[eradicator]

Either they give up everything or they need to find another buyer IMO.

[jcamp]

Either they give up everything or they need to find another buyer IMO.

From the looks of listings looks like it’s pretty typical for sellers to reserve rights to minerals


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[eradicator]

From the looks of listings looks like it’s pretty typical for sellers to reserve rights to minerals


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People do it all the time, just not to me

[outlook8]

In yals experiences does them waiving surface rights and right to ingress and egress protect me from someone using my surface to get the minerals under the land?

No, it just means you will be 'paid' when they do it.

[meltingfeather]

So I’m looking into buying this tract of land that seller wants to reserve minerals and groundwater, but will waive all Rights to surface and ingress and egress..

In yals experiences does them waiving surface rights and right to ingress and egress protect me from someone using my surface to get the minerals under the land?

Yes... nobody can set foot on your land without your permission. Holding back the mineral rights just means you don't own them to sell or extract yourself.
The groundwater is a bigger problem for me, but it depends on the circumstances.

[meltingfeather]

From the looks of listings looks like it’s pretty typical for sellers to reserve rights to minerals

It is-- insisting on something the market doesn't offer is shooting yourself in the foot.

[Ouch]

It will all come down to the language used in "waiving surface rights and right to ingress and egress." I would suggest you consult an attorney versed in oil and gas matters to confirm the instrument does what you think/want it to do.

[jcamp]

It will all come down to the language used in "waiving surface rights and right to ingress and egress." I would suggest you consult an attorney versed in oil and gas matters to confirm the instrument does what you think/want it to do.

Yes sir!


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[Buck_jane]

So I’m looking into buying this tract of land that seller wants to reserve minerals and groundwater, but will waive all Rights to surface and ingress and egress..

In yals experiences does them waiving surface rights and right to ingress and egress protect me from someone using my surface to get the minerals under the land?


Yes i will have an attorney look over anything written i was just hoping to hear from you guys too.

Thanks!


Sent from my iPhone using Tapatalk

I wouldn't worry about the minerals, but I would talk about the water. He could keep you from drilling a water well.

[jcamp]

I wouldn't worry about the minerals, but I would talk about the water. He could keep you from drilling a water well.

Nope. I can drill a personal well. Made sure that would be in writing.


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[Txhuntr2]

If you are concerned about surface operations, you may also want to run a title search to see if anyone else in the chain of title has to right/option to enter. There could be other mineral owners, executive right holders with surface rights, or the rights could have already been leased to an operator. I advise you consult with your title company and a licensed attorney with experience in title examination.

[Encinal]

Yes... nobody can set foot on your land without your permission. Holding back the mineral rights just means you don't own them to sell or extract yourself.
The groundwater is a bigger problem for me, but it depends on the circumstances.

That’s not true. Mineral rights supercede surface rights. Mineral owners have the right to use your surface to extract the minerals, but you should receive damages if they do so.

[jcamp]

If you are concerned about surface operations, you may also want to run a title search to see if anyone else in the chain of title has to right/option to enter. There could be other mineral owners, executive right holders with surface rights, or the rights could have already been leased to an operator. I advise you consult with your title company and a licensed attorney with experience in title examination.

Absolutely.. in the process now!


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[offthemap]

So I’m looking into buying this tract of land that seller wants to reserve minerals and groundwater, but will waive all Rights to surface and ingress and egress..

In yals experiences does them waiving surface rights and right to ingress and egress protect me from someone using my surface to get the minerals under the land?

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I'm a fairly experienced landman but take my suggestion below with a grain of salt. If it were my tract of land that I were buying this is how I would approach it. No matter what, have an attorney look into it because every situation is different and will have it's own particular benefits and/or issues to navigate depending on the associated ownership & title history. Here is my $0.02 (american haha).....


Tricky situation but I think them retaining their minerals and you getting their proportionate right of ingress and egress could only protect you if they own 100% of the minerals. Severing the rights of ingress & egress from a fee mineral interest is not the best way to approach it. Assuming that the right to ingress & egress are not already encumbered by any other leases or agreements that supersede your rights.

In addition to them waiving the rights to ingress and egress, you should try to get the "executive rights" to the minerals. This means that you would be able to negotiate the terms of a lease whereby you could require surface use, surface access, surface damages, surface restoration provisions on the oil & gas lease and you'd also be the one to sign it but the seller you're dealing with would be entitled to all rentals, production royalties and other revenues outside of the signing bonus. The other route you could take would be for them to give you a smaller percentage of their minerals so that an oil & gas company would most likely have to / need to get you to sign a lease wherein you could include the same surface provisions I listed above.

If you're not going to get at least a PORTION of the fee mineral estate, then having the executive rights is the only other way to have legal ability to dictate how they use the surface. However, most oil and gas companies that I work for are very respectful and mindful of their footprint and will work pretty with a surface owner to come to an agreement before entering the property.