I recently read a post from a person wanting to grant a seismographic survey on a property
that he/she has a mineral right ownership. Apparently this person does not own the
surface rights to that property. Does the owner of the surface rights have the right to deny
access to the property even if the survey people promise to repair any damages to same.
Also can the surface owner require a fee for this right or is this a given?
Thanks.
William gordon
Dear Mr. Gordon,
Since your profile lists your property as being in Texas, the answer is no, the surface owner does not have any right to deny access unless the seismic company does not have the right granted to him by the mineral owner either in the form of a seismic permit or an oil and gas lease. If the property is in Louisiana, for example, everything changes.
Also, if the surface owner tries to keep the seismic crew off the property, then the surface owner could be liable to the seismic company for stacking a crew. Last shoot I was on -- about 6 years ago -- the cost to stack a crew was about $4,000 per hour.
It is much better to sign a permit for surface access than for them to have to force their way on.
Interestingly I was involved in this same situation a month ago. Initially I could not understand why the seismic permit agent was contacting me instead of the surface owner. Buddy explained that. I granted the approval as the mineral owner. Also the surface owner should be able to require a per acre fee plus provisions for any other damages to pasture, crops, trees, etc.
What about in the state of Oklahoma Buddy?
Please provide further clarification in a situation (Texas) where the other mineral owner has no executive rights on the subject property being solicited for seismic testing. Would that not prevent a seismic company from being able to come on your property if the surface owner declines the testing?
The only person who can grant seismic exploration in Texas is the executive mineral owner. Non-executive minerals owners cannot even claim drainage under a Section 102 hearing (or so I am told), much less grant exploration rights.
The surface owner (meaning surface estate with no interest in the underlying mineral estate) has no standing to grant seismic (or any other for that matter) exploration in Texas.
Buddy
Dear Mike,
By the granting of a mineral permit, the permittee acquires no right to use improvements on the surface estate's land. This would include going up and down roads, them being a surface improvement.
Buddy
Mike Igau said:
Interestingly I was involved in this same situation a month ago. Initially I could not understand why the seismic permit agent was contacting me instead of the surface owner. Buddy explained that. I granted the approval as the mineral owner. Also the surface owner should be able to require a per acre fee plus provisions for any other damages to pasture, crops, trees, etc.
Buddy: In our case the surface estate was sold to a Utility Company way back when which I was told was used for electric lines. If this is the situation then the Seismic Company would have to negotiate with the Utility Company on fee's, access, and any damages. Is that correct?