Still has a minimum value...

Oil and/or gas may actually exist, but not in "economical quantities", such that no one will risk the expense to produce them, so they lay dormant until such time as the price rises sufficiently. Likewise, your neighbors might have producing minerals, but you could be "faulted out" meaning the geological formations shifted miles deep, millions of years ago.

ShouldastayedataTm said:

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then I need to make sure I find a place where I can get the mineral rights as well. Maybe it is east Texas or south Texas. Regardless of environment I just want to be free of risk for someone else getting to punch holes in or strip mine my slice of heaven.

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That sounds great but will be extremely unlikely in East Texas. If you do happen to find land for sale with the minerals, it'll be expensive. And it might only be a fraction. Lots of people don't own the minerals to even convey I'm the first place. No one wants you give up the mail box money or chance at it.

Mineral.rights in Texas are not often available and when they are they cost a lot. Regardless of region of the state, my findings are consistently no mineral rights included, not even a fraction. Which sucks because it let's someone have control of the land I am trying to homestead. Especially with what I am finding as I follow up on the comments here and surface rights mean basically nothing except you get to pay taxes on it and someone else can decide to drill holes in it. Complete BS. Guess the search opens up more to other areas of the country not just state.

BTW... OP mentioned strip mining. Resources accessed in that manner are considered part of the surface estate not the mineral estate.

No one can strip mine your property out from under you.

Kenneth_2003 said:

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BTW... OP mentioned strip mining. Resources accessed in that manner are considered part of the surface estate not the mineral estate.

No one can strip mine your property out from under you.

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Well that is definitely some relief thank you for that information. Had not found that yet.

Assuming you buy your 10-20 ac from the holder of the mineral estate, you can always add a clause in the title that says no oil and gas activity can occur within X number of feet from any permanent structure. I hired a lawyer to write the change up for the title and did this when I purchased 84 ac from my neighbor in Duval Co. I got the land a lot cheaper and had this added to the title at closing. Basically no O&G activity can occur within 1200' of any permanent structure. I was thinking about adding some pens and a working facility for exotics on the property and I did not want to have to deal with a pump Jack or drilling occurring right next to it. I never did add the pens or any other structure, and there is no activity so it's kinda moot at this point.

Practically speaking, it is very unlikely small tracts like 10-20 acres mentioned will be impacted by an oil well, and even less so by a gas well. If there is no activity currently within 1/4 mile, you can be reasonably assured there would be no need to drill on your tract (for oil, and not at all for gas), and you can likely ensure it never happens with a deed restriction preventing it.

I don't think it usually works that way, the buyer dictating where or if surface locations can be used. The surface seller can't sign off on it, if any lease language says otherwise. No lease in force, then sure, the seller and buyer can agree to transfer surface control.
If leased, it requires a "release" from the mineral leaser, which for small(er) tracts, might be readily obtained.
Our property (60 acres) was bought, when there was no active lease. We (via our lawyer) requested the surface control clause be added, which the sellers (who owned 100% of the minerals) reluctantly agreed to.
They obviously could have said no..
Our family owns land, not the mineral rights, it's leased (and under production), selling some of the land required the leaseholder to agree to "surface control" for the buyer(s). It may, or may not, happen. For us, it has.

GSS said:

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I don't think it usually works that way, the buyer dictating where or if surface locations can be used. The surface seller can't sign off on it, if any lease language says otherwise. No lease in force, then sure, the seller and buyer can agree to transfer surface control.
If leased, it requires a "release" from the mineral leaser, which for small(er) tracts, might be readily obtained.
Our property (60 acres) was bought, when there was no active lease. We (via our lawyer) requested the surface control clause be added, which the sellers (who owned 100% of the minerals) reluctantly agreed to.
They obviously could have said no..
Our family owns land, not the mineral rights, it's leased (and under production), selling some of the land required the leaseholder to agree to "surface control" for the buyer(s). It may, or may not, happen. For us, it has.

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Yes, there was/is no lease currently on the property that I bought from my neighbor. The lawyer I used is in the O&G space and had done similar contracts for people buying surface from the owners of both surface and mineral estates. I am sure there is always a way around what is in the title and the contract we signed for an oil/gas exploration company, but that is for a future date. A person I know in Starr had a well location set a stones throw away from his existing deer pens, which turned out to be a big problem and required him to relocate his pens. Unfortunately, before he even completed his new pens they started exploration in that part of the ranch as well.

I understand what AnScAggie is saying but you need to think a little deeper when dealing with a sale from the surface owner. The surface owner can convey his mineral interest to you in the sale and use that contract language..

Assuming he had 100% of the minerals you are in great shape......but that is getting to be a rare occurrence in Texas. It could be an inheritance in which three children were involved and one got the surface and 1/3 of the mineral interest and the other two got 1/3 of the mineral interest. You could have three different oil companys....two of which are not bound by your agreement.

Lot's of bad examples in the state of Texas but there are also a lot of good solutions worked out between surface owners and good oil company's.