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Oil/Gas/Texas Surface Rights - Ingress/Egress Waiver

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Question
I have a questions regarding surface ingress and egress we are looking to buy additional land in Texas (112.36 acres) and the Seller who has told us that they own 50% of the Mineral Rights but not willing to sell Mineral Right but has agreed to wavier their surface ingress & egress rights.
Not fully understanding this but does have this 50% wavier of surface access allow us to refuse access to the property for any mineral right activities? If not what rights does this allow?
Also since it is not 100%, what are the effect of not have the other 50%, can they proceed without agreement?
Thanks for any help or if you can point me in the right direction would be great.

Answer
In no case will you be able to stop any mineral owner from using as much of the land is "reasonable" to access and produce their minerals. This is because the mineral estate is the "dominant" estate.

The "ingress and egress" rights are simply "in and out" rights, meaning that they have waived their rights to get to their minerals. However the other 50% owners have probably not done so, and since mineral rights are "undivided interests" it's impossible to tell which molecule belongs to whom; therefore their waiver really means nothing as the other mineral owners will certainly want their right of "in and out" in order to produce their minerals under your land (or have them produced by any oil company they lease that right to.)

That said, most states have some sort of "Accommodation Doctrine" that dictates what is and what is not reasonable use of the land for drilling, and most companies try to work with landowners whether there are any "laws" controlling how much of the land they can use or not. In fact it's quite possible that even though the minerals under your land may be included in some companies drilling plans, the well itself will actually be drilled on another part of the unit lying on someone else's land.

In most cases, you will be contacted by the oil company after they've picked where they plan to drill. The company will usually agree to reimburse you for any damage done to growing crops, trees, fences, roads etc. and often will pay the landowner a bonus of their own to cover these types of things. Many landowners actually work out a written agreement with the company planning to drill so that everything they agree to is covered in writing.

Hope this helps you out.
Frederick M. "Mick" Scott CMM RPL
The Mineral Hub  

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Frederick M. Scott

Expertise

Oil and gas leasing, lease negotiations, how to best deal with the oil and gas companies or their representatives, buying/selling mineral rights, forced-pooling, correlative rights, deeds and conveyances, and "post-production" costs. I am most experienced with Oklahoma properties and laws, but am able to answer questions concerning other oil and gas producing states in many cases.

Experience

I am a Certified Professional Mineral Manager (CMM) certified by the National Association of Royalty Owners (NARO) in Tulsa, OK. I am also a Registered Professional Landman (RPL) with the American Association of Professional Landmen (AAPL). I have managed my family's oil and gas properties in Oklahoma for over 10 years and have dealt with many landmen, title analysts, attorneys and other oil and gas professionals in the process. I have written several articles which have appeared in various oil and gas industry magazines and newsletters. I have negotiated and drafted leases, prepared deeds, affidavits, and other legal instruments relating to my own minerals, as well as performed title, legal research, and curative work for same. I have acquired a good deal of knowledge on the subjects of oil and gas law, mineral appraisal, and landwork over the past ten years, and also worked as a professional landman and lease buyer for a time. I've seen the business from "both sides" and therefore feel confident I can help out most of the folks who ask questions in this forum.

Organizations
National Association of Royalty Owners (NARO); American Association of Professional Landmen (AAPL)

Publications
National Association of Royalty Owners "Action Report" (ROAR); NADOA Magazine, The Mineral Hub, Landman Magazine, and several royalty owner association group's newsletters.

Education/Credentials
Certified Mineral Manager (CMM), Registered Professional Landman (RPL)

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