If I buy a 5 acre property, but do not own the mineral rights, can the mineral rights owner come onto my property and drill or otherwise harvest minerals without my permission?
From link below: “Regardless of whether the mineral estate and surface estate are held by one owner or have been severed, Texas law holds that the mineral estate is dominant.”
Hope this helps. There is much more info if you do a google search. You can also do a google search for “Accommodation Doctrine Oil and Gas in Texas”.
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short answer: Yes, they can.
The oil company will be required to pay damages for the surface. This could include diminution in value of the surface estate. The oil company does not have a right to destroy a house or other improvements without compensation. Much depends on the location and use of the surface. In West Texas, the Rate and Damage Schedule published by University Lands System is a good starting point. https://universitylands.utsystem.edu/Content/Documents/Operations/Rate_Damage_Schedule.pdf
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