I have property in Culberson count y, and I found out through RRC that there are 2 horizontal wells(gas), and 2 oil wells on my property. Operating company is Capitan Energy Incorporated. I have never heard from them. I have surface right. Could you, please, suggest anyone who can help and give me legal advice. Thank you, Lyuba
Only mineral owners receive royalties from producing wells. Minerals are the dominant estate in Texas and the surface owner cannot keep wells and operations off the surface. However, the surface owner is due compensation for any use of his surface, such as for the well pad or right-of-ways for electric power lines, pipelines, roads or for caliche. Surface owner has the water rights, unless reserved by the State of Texas or other predecessor in title. You need to determine exactly where your surface tract is located within the section and find out if there has been any use of your surface. You can contact Capitan and ask.
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Thank you for your answer. They do use my property and I just found it. Here is map of my property.Sec 5 & 6 Blk. 112.pdf (97.0 KB)
You have posted all of both sections which would encompass around 1200 acres. Most of the surface in that area has been subdivided into small lots. You need to read the legal description in your deed(s) to determine exactly where your surface is within these sections. Then you can see if it is under the surface hole locations for the wells. Keep in mind that the long horizontal wellbores are easily 10,000 feet below the surface and surface owners are above the wellbores do not receive compensation. Only the surface owner where the well pad and facilities are located.
Thank you very much for your reply. My property is inside of yellow on the map. This is 15.3 acres. I have 2 oil wells, 1 plugged gas well, 2 horizontal gas well, 1 dry hole. I do not have info about well pad or facilities. Do you think I can get info from rrc? Thank you
Section 6 (A-1574) contains 748.03 acres and Section 5 (A-1573) contains 593.45 acres according to the Texas General Land Office records. So your yellow outline contains a total of 1,341.48 acres. Your personal 15.3 acres is located somewhere within the yellow outline, but it is NOT the entire yellow outline. Someone has subdivided the 1,341.48 acres into small lots and you have purchased one or more of these lots. You have to determine exactly where your lot(s) are located inside the yellow outline before you can figure out if you are entitled to any compensation for surface use. If your lot(s) are in the middle of these sections, then you will not be paid unless a company installs a pipeline or electric line which crosses your lot(s). If a well drilling location is on your lot(s), then you will only be entitled to compensation if you owned the lot before the well was drilled. If the well was drilled before your bought the lot, then the prior owner would have been paid.
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Thank you very much for your patience with me. I gave legal of my property AB 1573 & 1574 BLK 112 NW/PT SEC 5&6 PSL PAR 82-84 to RRC, and they sent me map according to legal, with file name Sec5&6, BLK112. Thank you again
RRC only looks at the sections with respect to wells and the regulatory rules. It does not have information regarding subdivided tracts, whether surface vs. minerals, or partial mineral interests or lots. This is why you got a map with the sections outlined. Information about lots and subdivided tracts and interests is based on deeds filed in the county records and is the burden in on the landowner to keep track of what they own. Often you have to research the deed history to confirm title and ownership. If your deed has insufficient information to accurately locate your lot(s), then you need to pull the deeds backwards through your seller until you find a sufficient legal description.
Click on this to the Culberson CAD map. Type in “A-1574” in the white search bar in the upper left corner and then click on the magnifying glass icon. The map will center on Section 6. Use the “+” button to zoom in a bit and then use your mouse to move map as necessary to find your property ID number 16459. This may give you a better idea where your property is located. Perhaps contact the Culberson CAD if more details are needed.
Thank you for your help