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A property owner with mineral rights may explore, extract, and sell natural deposits found underneath the land surface. But surface rights only refer to exclusive rights to all physical property on the land.
Surface Lease: provides an exclusive right to use or occupy the surface of lands required for operations within a contract area. Right of Way: provides an easement in lands, or a right to cross over lands, as required for operations within a contract area.
Mineral rights dont come into effect until you begin to dig below the surface of the property. But the bottom line is: if you do not have the mineral rights to a parcel of land, then you do not have the legal ability to explore, extract, or sell the naturally occurring deposits below.
Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.
MINERAL RIGHTS IN TEXAS. U.S. property owners have rights not only to the surface of their land and all structures, but also to everything that lies below the surface. This means that the property owner may control minerals, like gas and oil, that may exist below the surface.
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Surface Waiver and Accommodation Agreements The broadest contractual limitation is a surface waiver agreement through which the owner of the mineral estate waives the right to use the surface of the land where the project is located. Mineral owners may not be inclined to sign such a broad limitation.
Surface rights refer to the ability to control the surface of the land. A person who owns surface rights to a tract of land may build on it, plant and sell crops and timber, use the surface water, lease the land, or sell it.[2]
Mineral rights dont come into effect until you begin to dig below the surface of the property. But the bottom line is: if you do not have the mineral rights to a parcel of land, then you do not have the legal ability to explore, extract, or sell the naturally occurring deposits below.
Surfaces rights are the rights to the surface area of a piece of land as well as any structures on the property. Surface rights also include farmland or above-ground resources like trees, plants, or water.
A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowners land in the development of the oil and gas.

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