# Owning property, but not mineral rights
**URL:** https://www.mineralrightsforum.com/t/owning-property-but-not-mineral-rights/71263
**Category:** Texas Mineral Rights
**Created:** [June 17, 2023, 9:35pm UTC](https://www.mineralrightsforum.com/t/owning-property-but-not-mineral-rights/71263 "2023-06-17T21:35:30Z")
**Posts on this page:** 5
**Page:** 1
### Author:  [@MBullock7](https://www.mineralrightsforum.com/u/MBullock7)
#### Post date: [June 17, 2023, 9:35pm UTC](https://www.mineralrightsforum.com/t/owning-property-but-not-mineral-rights/71263/1 "2023-06-17T21:35:30Z")
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?
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### Author:  [@Robert\_Eardley](https://www.mineralrightsforum.com/u/Robert_Eardley)
#### Post date: [June 18, 2023, 12:41am UTC](https://www.mineralrightsforum.com/t/owning-property-but-not-mineral-rights/71263/2 "2023-06-18T00:41:29Z")
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.”
> **[Oil & Gas Exploration and Surface Ownership](https://www.rrc.texas.gov/about-us/faqs/oil-gas-faq/oil-gas-exploration-and-surface-ownership/)**
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> Oil & Gas Exploration and Surface Ownership
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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### Author:  [@tim\_dowd](https://www.mineralrightsforum.com/u/tim_dowd)
#### Post date: [June 18, 2023, 3:53pm UTC](https://www.mineralrightsforum.com/t/owning-property-but-not-mineral-rights/71263/3 "2023-06-18T15:53:14Z")
Short answer: Yes, they can.
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### Author:  [@TennisDaze](https://www.mineralrightsforum.com/u/TennisDaze)
#### Post date: [June 18, 2023, 6:19pm UTC](https://www.mineralrightsforum.com/t/owning-property-but-not-mineral-rights/71263/4 "2023-06-18T18:19:13Z")
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](https://universitylands.utsystem.edu/Content/Documents/Operations/Rate_Damage_Schedule.pdf)
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### Author:  [@system](https://www.mineralrightsforum.com/u/system)
#### Post date: [September 15, 2023, 9:35pm UTC](https://www.mineralrightsforum.com/t/owning-property-but-not-mineral-rights/71263/5 "2023-09-15T21:35:58Z")
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