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ARTICLE · 30 MAY 2017

Texas Subsurface Trespass Law Clarified

Gray Reed
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We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner?

United StatesEnergy and Natural Resources
Charles Sartain
Charles Sartain
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We know that in Texas the mineral owner has the right to explore for and produce the minerals. What does that leave for the surface owner? In Lightning Oil Company v. Anadarko E&P Onshore, LLC the Texas Supreme Court tells us he owns the right to possess the specific place or space where the minerals are located. Absent pooling or some other contractual arrangement, with that comes the right to grant (for a price) or deny an off-lease operator the right to drill through the mineral estate to reach minerals under an adjacent tract.

Facts

  • Anadarko entered into a lease with the State of Texas for the mineral estate underlying the Chaparral Wildlife Management Area in South Texas. The lease required Anadarko to drill from off-site locations when prudent and feasible.

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