# Do I need to sever my mineral rights?

**URL:** https://www.mineralrightsforum.com/t/do-i-need-to-sever-my-mineral-rights/32381
**Category:** General Mineral Rights Discussion
**Created:** [August 25, 2018, 1:57am UTC](https://www.mineralrightsforum.com/t/do-i-need-to-sever-my-mineral-rights/32381 "2018-08-25T01:57:37Z")
**Posts on this page:** 3
**Page:** 1

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### Author: ![Nikki\_Ellison](https://www.mineralrightsforum.com/user_avatar/www.mineralrightsforum.com/nikki_ellison/32/22_2.png) [@Nikki\_Ellison](https://www.mineralrightsforum.com/u/Nikki_Ellison)
#### Post date: [August 25, 2018, 1:57am UTC](https://www.mineralrightsforum.com/t/do-i-need-to-sever-my-mineral-rights/32381/1 "2018-08-25T01:57:39Z")

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I own surface & mineral in Howard County, Texas. I was advised to sever the mineral rights in case someone got injured while drilling, walking on the land, etc. I was told they would not only come after the big company but also the landowners and could take the minerals?

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### Author: ![TennisDaze](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/t/dbc845/32.png) [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [August 25, 2018, 3:34pm UTC](https://www.mineralrightsforum.com/t/do-i-need-to-sever-my-mineral-rights/32381/2 "2018-08-25T15:34:35Z")

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There is not much case law on this, but it is a point of increased concern. Many oil companies keep the lease assets in one company and the operating company has few assets. To do this, you should consider an LLC or an LP with an LLC as general partner to hold the surface. You will need to file with State of Texas. This severance would also make it easier to collect damages for surface and to be paid for water use. Too often oil and gas leases allow free use of surface and water. Water is increasingly valuable. Some are severing water rights into separate entity to protect it from surface liabilities. You should consider legal help for proper corporate documentation and deeds.

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### Author: ![MRFAdmin\_SV](https://www.mineralrightsforum.com/letter_avatar_proxy/v4/letter/m/e0b2c6/32.png) [@MRFAdmin\_SV](https://www.mineralrightsforum.com/u/MRFAdmin_SV)
#### Post date: [January 11, 2025, 7:19pm UTC](https://www.mineralrightsforum.com/t/do-i-need-to-sever-my-mineral-rights/32381/3 "2025-01-11T19:19:55Z")

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