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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.
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.
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 are the ownership of the land above ground. Pheasant Energy explains these rights amount to the right to access.
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.
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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.
The Surface Use Agreement is the contract that governs the relationship between the owner of the land (surface estate) and a mineral producer and addresses topics such as liability allocation, damage payments, well-pad siting, building roads, installing pipelines and many more.
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.
This means that a mineral owner (or lessees, as the case frequently is) has the right to use as much of the surface estate as is reasonably necessary for the production of minerals like oil and gas without compensation to the surface owner.

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