I am selling the mineral interest that I own in my Texas property to an adjoining landowner. I plan to create a mineral title and include numerous deed restrictions to provide some level of protection to myself as a Surface Owner and to my heirs and/or anyone who might purchase the property from me in the future. I’ve been told that one deed restriction that I cannot include would be a requirement to have any prospective oil producer negotiate a surface use agreement with me, as this would be contrary to Texas law.
I understand that, but I would like to know if I could have (as part of the sale contract of my mineral interest rather than a deed restriction) a stipulation that would require any oil producer he leases with to at least make a good faith attempt to negotiate a surface use agreement with me. I realize that this would only be good as long as the current purchaser of the minerals owns them and would be lost if he ever sold them, but this would be better than nothing at all.
I would very much appreciate the thoughts and input of anyone who has experience with this type of issue.