I co-own some surface acres and the underlying minerals in Live Oak County. The other owners want to sell, so we have put the surface acres up for sale with specific instructions to the realtor that minerals are NOT to be conveyed. Our first offer, after more than 1 year on the market, includes a statement that mineral owners will not be granted the right of ingress and egress for the purposes of exploring for and producing minerals. Of course I understand that this is unacceptable and I will counter-offer, but it seems rather underhanded to me that the realtor who represents me (the sellers) as well as the purchaser, would submit such an offer in light of the fact that I have emphasized the importance that the minerals will be held by the mineral owners in perpetuity. Any comments on this would be greatly appreciated. I have negotiated many oil and gas leases, but never sold surface acreage. Thanks.
The realtor is obligated to pass on the offer even if it contains provisions he knows are unacceptable.
If there is adequate surface, you may want to counter with a provision that has building spacing minimums to see if that is palatable. These surface access provisions can get quite involved.