I own a 350 acre tract that I live on in East Texas. The land man that is trying to lease me has signed the ranches around me and is willing to give me a NO DRILL SURFACE WAIVER which I will have my lawyer draw up. My question is this: I own all surface rights and 1/2 mineral rights. The other 1/2 interest has died out which goes to the State. With an iron clad no usage surface waiver signed by the leaser, and mineral trumping surface rights, is my property safe from drilling etc. written in the Waiver? This will impact any contract that I might sign, if I sign at all.
Help!