Conflicts between surface rights and mineral rights are common in Texas. While one party may own the surface of the land, another may hold the mineral rights below it. This split ownership often leads to disputes when drilling, mining, or other mineral development disrupts the use of the surface. Knowing how the law balances these competing rights is the first step to avoiding unpleasant surprises.
The Dominance of Mineral Rights
Texas law generally recognizes the dominance of mineral rights over surface rights. This means the mineral rights owner has the legal authority to access the land to explore and extract resources. Courts have consistently held that surface owners must tolerate activities reasonably necessary for mineral development, even when those activities interfere with the use of the surface.
Still, mineral owners are not granted unlimited control over the surface. They must act reasonably and cannot use more of the land than is required. They can also be held liable for negligence if their operations cause avoidable or excessive damage.
Additionally, Texas courts do not impose an automatic duty on mineral owners to restore the surface after drilling ends. Restoration or compensation for damage must be negotiated in advance, often through a surface damages clause in the lease or a separate surface use agreement.
The Accommodation Doctrine
Although mineral rights are dominant, the law also provides some protections for surface owners. The accommodation doctrine requires mineral owners to reasonably accommodate existing surface uses when possible. For example, if a rancher relies on a water well for livestock, the mineral developer must adjust operations if a reasonable alternative method exists that still allows mineral extraction.
This doctrine does not grant surface owners absolute power, but it does ensure that their rights are not entirely disregarded. Disputes often center on whether a reasonable alternative truly exists.
Restoration and Liability
Surface damage is one of the most contentious issues in mineral development. Texas law makes clear that:
- No inherent duty to restore: Mineral owners are not automatically required to return the land to its prior condition after drilling or mining.
- Restoration must be negotiated: Surface owners who want assurance of cleanup or compensation must negotiate those terms into the lease or contract.
- Negligence and excess use: Mineral developers may still be liable if they act negligently or use more of the surface than is reasonably necessary.
For landowners, this means proactive negotiation is essential. Without a written agreement, the legal protections are limited.
Resolving Conflicts
When disputes arise, courts often look to the lease terms, the accommodation doctrine, and evidence of reasonableness to determine the outcome. Litigation can be costly and unpredictable, which is why many surface owners and mineral developers opt for negotiated surface use agreements. These agreements can outline where drilling will occur, what protections will be in place, and how damages will be addressed.
Protecting Your Rights: What Landowners Should Do Next
Ownership of surface rights without mineral rights can be challenging, especially when drilling or mining is imminent. The law favors mineral development, but it also imposes boundaries. The best way to protect surface interests is through careful negotiation before operations begin and by seeking legal guidance when disputes occur.
Contact Us Today
At Parks Law PLLC, we help Texas landowners and businesses understand their rights when surface and mineral interests collide. Whether you are negotiating a lease, facing active drilling on your property, or considering a lawsuit, our team can provide the clarity and advocacy you need.
Contact us today to learn more.