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Oil/Gas/adverse prosession on mineral rights


My family and I own 152 ac. of mineral rights in Texas. The last activity was in 1996 and now the owner of the surface rights is trying to get our mineral through adverse prosession. They have owned the surface since 1912/13, we brought these rights in 1953.
do you think that the surface could win in court.

The only way to own minerals through adverse possession is to drill and extract the minerals for a period of 5 years.  If you wish and desire to read a case on adverse possession of minerals feel free to send a follow-up question.

There could be and probably are other factors in the surface owner's argument but based solely on your facts the ownership should remain with your family.  


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Cliff Williams


I will try to answer any question you have. Even if I reject a question, I still will give a shot at what I would do in your position. The only questions I will not take a shot at would be a highly technical engineering or geological question. I am beginning to see quite a few questions from land men and other oil companies and that doesn't matter to me either. I will attempt to help.


I am an oil and gas attorney that has been in the business for more than 20 years. I have held a series 22 and 63 securities license, been in oil and gas operations, land man, division order analyst all prior to obtaining my law degree. Today, I typically write title opinions verifying ownership of oil and gas minerals, assist landowners in negotiations on oil, gas and mineral leases, easements and conveyances. I also assist oil and gas companies with the sale of working interest ownership as well as common business law issues.

State Bar of Texas, Member of the Tarrant County Bar and the Dallas County Bar Associations.

Multiple oil and gas topical columns on

I have a B.S. degree which I rely upon more than my Business Mgmt degree or Law degree...

Awards and Honors
Husband and father of 26 years

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