Get AK Fairbanks North Star Borough Determination Processing Form 2018-2023

MINERAL RIGHTS IN TEXAS. U.S. property owners have rights not only to the surface of their land and all structures, but also to everything that lies below the surface. This means that the property owner may control minerals, like gas and oil, that may exist below the surface.

Surface Waiver and Accommodation Agreements The broadest contractual limitation is a surface waiver agreement through which the owner of the mineral estate waives the right to use the surface of the land where the project is located. Mineral owners may not be inclined to sign such a broad limitation.

Mineral Classified Interest Under the Relinquishment Act, Mineral Classified Interests, or Relinquishment Act Lands (RAL), are interests whereby the surface owner acts as agent of the lands for the state for the purposes of leasing.

Surface rights give the owner the right to use the surface of the land for residential, agricultural, commercial and other purposes. Mineral rights entitle the owner to own and exploit any natural resources found beneath the land.

Enacted in 1919, the Relinquishment Act, as interpreted by the Courts, reserves all minerals to the State in those lands sold with a mineral classification between September 1, 1895 and June 29, 1931.

Any land on which the state retained the minerals after 1876 was called “mineral classified land.” Most of this land is located in the Trans-Pecos Region. As interest in development of oil and gas grew, the state began leasing more and more of the retained mineral acreage (mineral classified land) to oil companies.

In 1912, the law was made retroactive by the Texas Supreme Court, giving the mineral rights back to all property owners, including those retained by the government. The Relinquishment Act of 1919, amended, made the surface owner an agent of the state for leasing land.

This is important to keep in mind, especially if you consider purchasing a piece of land that already has a structure built. The surface estate would include the house and everything else on the property, while the mineral estate would only include the resources below ground.

State Free Royalty NPRI A state Free Royalty interest is similar to a non-participating royalty interest. An oil, gas, or other mineral lease on land in which the state reserves a mineral or royalty interest is not effective until a certified copy of the recorded lease is filed in the General Land Office.

Surface rights include physical structures, trees, plants, and water. In some states, surface rights only include ownership to a particular soil depth. For example, you have enough soil ownership to plant trees or other plants but may not be able to drill for oil and gas.