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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.
What are Outstanding and Reserved mineral rights? Outstanding mineral rights are owned by a party other than the surface owner at the time the surface was conveyed to the United States. Reserved mineral rights are those rights held by the surface owner at the time the surface was conveyed to the United States.
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.
1. Surface rights include any structure on the property. 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 mineral deed with special warranty in Texas conveys all or part of the oil, gas, and other minerals of a grantor in real property to a grantee, subject to certain warranties covering the grantors period of ownership.
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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]
If a seller wishes to retain any mineral interests at closing, the Addendum for Reservation of Oil, Gas, and Other Minerals (TREC 44-2) may be used to accomplish this.
Surface owner means the person who holds record title to or has a purchasers interest in the surface of real property.

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