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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.
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]
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.
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.
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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A retained-acreage provision is a negotiated provision in favor of the lessor. A retained-acreage provision requires the lessee to release land not assigned to a producing well (or active drilling/ reworking operations) at the end of the primary term.
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.
Enacted in 1919, the Relinquishment Act, as interpreted by the Courts, reserves all minerals to the State in those lands sold with a mineral classification between September 1, 1895 and June 29, 1931.

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