Oil and gas is big business here in Texas and the vast majority of land owners are probably going to want to reserve those subsurface minerals. Now depending on your intended use, this shouldn’t be a deal killer. But, we recommend that you ask the sellers to waive their ingress and egress rights to the surface. There is now technology that if minerals are found beneath the surface they can actually drill horizontally. So, if you wish to develop the property on the surface, we would recommend that you ask them to waive those rights to the surface in the Texas Real Estate Commission addendum for the reservation of mineral rights.

Now, something to keep in mind – a caveat here – and it clearly states this on the addendum for the reservation of minerals. Just because the seller that you purchased the property from waived their surface rights, that doesn’t mean that previous sellers have done so. In fact, many times that’s not the case. So, we highly recommend that you consult your attorney to make sure that you understand fully the implications of that on the property.

Feel free to reach out to us with questions or other topics you’d like to see covered.

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