I did not know that in the U.S. you can only by the top layer of land somebody else owns the under ground. And that the underground owners can come and destroy your property. I did use a lawyer in Valley Land Title company but the Mineral Lea...
In Texas, it is possible to separate the surface estate from the ownership of the oil, gas and other minerals and, from your description, it appears that all or a portion of the oil, gas and minerals were reserved either by the sellers or their predecessors in title. The owners of the reserved minerals can waive or limit their rights to use all or a portion of the surface of the land and they may have done so in your case. You would have to search the deed records to see if there is a valid and existing surface waiver. However, if they have not agreed to waive surface rights, then they have the right use so much of the surface as is reasonably necessary to explore for and produce the minerals. They must do so non-negligently, in accordance with applicable laws and regulations, and with due regard for the rights of the owner of the surface estate. If you have specific questions about the nature and extent of the mineral owners' rights and what you might be able to do to limit those rights by negotiating an agreement with the mineral owners, you should seek the assistance of a Texas oil and gas lawyer.See question
Have3,4, acres need info on land man, oil companies leasing, buying oil
This forum is meant to address legal issues and is not the best place to obtain information about operators and leasing activities in Howard County. There are a number of other forums focused on oil and gas news in Howard County like http://www.mineralrightsforum.com/group/howard-county-tx-oil-gas and http://www.texas-drilling.com/howard-county. Good luck.See question
My cousin is in charge ?of the mineral / land property in Atascosa county I want to know why my lease payment stopped . And if there is any activity ?
It's not clear whether what you mean by "active" is that the minerals are under lease and in paying status or whether you mean that somehow the interest is no longer vested in you. Also it's not clear how your cousin got to be "in charge" of the minerals. He may have what are called "executive rights," that is, the right to lease, or his authority may be broader, for example, a power to sell the minerals under a power of attorney. The answer to all these questions is in the Official Public Records of Atascosa County, Texas. Fortunately, the records of that county are available online from 1/3/1977 to 6/30/2017. You would need to identify the source of title (i.e., the person who first owned the interest, say your father or grandfather) to a landman or a lawyer competent in the examination of land titles and he or she would be able to tell you what you own. The landman or lawyer might also need to look at the records of the Railroad Commission of Texas or an online source of information on production history and permitting activity (such as DrillingInfo.Com) to give you more information about the production status and recent permitting activity on the property.See question
Have royalty with BHP and have received no checks and no one to contact
Have you tried contacting BHP through the royalty owner relations website? Try registering here https://secure.pds-austin.com/bhp/login.aspSee question
no easements are described in the deed
Someone would have to review the lease and any other easement documents to give a definitive answer. As a general rule, an oil and gas lease carries with it the right to possession of the premises to the extent reasonably necessary to enable the lessee to perform the obligations imposed on the lessee by the lease. If the land is in Oklahoma, the Oklahoma Surface Damage Act, 52 O.S. Sections 318.1-318.9, requires a lessee to pay a surface owner for damages, provides for procedures for notifying a landowner of the start of operations, provides for good faith negotiations about surface damages and provides for the appointment of an appraiser if the owner and lessee fail to reach agreement on surface damages.See question
I want to move before my lease is up. At the beginning of the year the apartment complex changed management companies. The management company identified in the lease is not the same as the current management company. Am I still bound by the lea...
You are probably still bound by the lease unless there is something specific in your lease to the contrary. You should read your lease. I doubt that something like that will be in the lease since the lease was probably written by the landlord for the landlord.See question
the company I work for is promoting me and it requires me to relocate to Austin from Dfw
Someone would have to read your lease to answer your question.See question
I bought a house for my mom and her husband ,he died two years ago..sometime around this time my mom wast talked into sugning a lease with a person she allowed to stay on the property with his trailer... Is this lease legwlly inforceable? I own th...
Oil and gas is not the correct practice area. I have moved your question to landlord and tenant and hope that a California real estate lawyer will address your question. I don't believe the lease would be valid if you owned the property at the time the lease was executed and delivered but if your mother owned an interest in the property that was of record at the time the lease was executed and delivered, and you did not record your deed, there may be an issue whether the lessee was on notice of your rights in the property. If the lease was executed before you owned the property and while your mother owned the property, your ownership interest could be subject to the lease.See question
A friend leased furniture through Crest Financial. After 8 payments the person decided not to make anymore payments and have ignored communications from the creditor. What happens if they continue to ignore, refuse to pay and can't be reached for ...
Oil and gas is not the correct practice area. I have re-posted to debt & lending agreements. Failure to pay a debt is not a crime. Your friend needs to read his or her lease. It probably has provisions allowing the creditor to seize the furniture and sue for a deficiency in the payments. In all likelihood, your friend will be liable for attorneys' fees and court costs. Hiding from the leasing company is an unwise strategy. Your friend should communicate with the leasing company and cooperate with them in relinquishing the furniture and working out a financial settlement.See question
I bought a piece of land that has an oil pump on it and a capped well. The oil company must traverse my land to have access. Can I charge a reasonable fee for them to access the pump?
I agree with the answers given by attorneys Johnson and Bower. I would add that, in Texas, an oil and gas lessee has the implied right to remove lease equipment within a reasonable time after the expiration of the lease, even in the absence of a specific provision authorizing such removal.See question