Would that be legal?
Sure you can, you own the surface. The state has a minimum distance that a well can be drilled from an existing structure without the owner’s permission, at least most states do and I’m fairly certain that Texas would be one of them.
The reason I asked is that it seems kind of sneaky if you leased the minerals to a gas company and then sold the surface acreage to individual tracts for say trailer homes in two acre tracts. Would that not be unethical for the lessor to the lessee and the two acre tract surface buyers? Just curious, thank you for answering.
Mineral owner:
This same scenario as you described has occurred time and time again in the East Texas area. One example was in the Lake Tyler area which was developed as subdivisions but the minerals were leased and numerous gas wells were drilled inside these subdivisions. This occurred in the early 2000s with much opposition by the surface owners but the wells were drilled according to the RRC guidelines. Lesson to be learned is when you purchase property, you must beware that the minerals underground could be produced.
Also check the lease terms as they may be different or more beneficial to you than the rules.