Hello. I am hoping someone can help with a question. I have been looking at a property (Texas) where the present owner does not own any of the mineral estate. Back in 2000, the owner had 75% of the executive rights and 50% of the rest of the mineral estate and he reserved all of it. However, he did put language in the deed in regards to “He or his heirs/assigns will not sign a lease permitting surface operations of any type”. I know the other 25% executive right owner out there could still sign a lease with an oil company permitting surface operations. But, is this a good situation for the current surface owner? What would happen if that person or his heirs actually signed a lease with an oil company permitting surface operations? Could the present surface owner sue that person for damages? Just wondering how that would even be enforced. Thanks in advance.
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I am not a lawyer, so you would need to consult one for the correct answer. In general, the mineral rights are the dominant right over the surface in Texas.
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The lease was in 2,000. If it is not in production then the lease would most likely expired. So it doesn’t mean anything. If the surface owner did not own 100% of the mineral rights then that doesn’t mean much.
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