If one person owns the surface rights to land and another owns the mineral rights and the mineral owner leases the minerals, does that mean that a gas/oil company can come onto the surface owner's land to access the land or perhaps put in a well?
Yes. However, there is always the question of the right of ingress and egress as may or may not be specified in the sale/purchase of the surface acreage. Also, if a well is drilled, the oil and gas company needs to make a surface lease with you, the surface owner (prior to drilling), to pay you for all damages done to the land, and you should specifiy that if the well is dry or quits producing that they MUST return the land to its original condition. You need an attorney or a good lease example. This is just a basic answer, so research will benefit you greatly. There are also certain rules which I'm sure vary from state to state on how close a well can be drilled to a home (or buildings)....
You don't say where this land is located. The information from Mr. Hicks is mostly correct for California, but here the mineral owner has the right to use as much surface as is necessary to conduct its oil and gas operations, even if that means that the oil and gas company uses the entire surface. Thus, in California, the oil company need not obtain a surface use agreement as long as the mineral owner has not previously given up any surface rights (which rarely occurs).
Hope this helps.
Jean M. Pledger
EHRLICH ∙ PLEDGER LAW, LLP
Sorry, I did forget to mention that the land I’m referring to is in Ohio.
No problem, R. Ferren. I am afraid that I am of no help here. I again agree with Ron Hicks that you may need to contact an oil and gas lawyer, or perhaps a real property lawyer, in Ohio.
I wish you well in your endeavors.
Jean M. Pledger
EHRLICH ∙ PLEDGER LAW, LLP
Dear Mr. Hicks,
The right of ingress and egress is an inherent element of the mineral estate, without which the underlying minerals would be rendered valueless. That element of the mineral estate can be transferred or reserved, but it is still an element of the mineral estate. The reservation of ingress or egress is rarely seen conveyed or reserved. I have seen it done one time (limited) in nearly 40 years of practice all over the United States.
There is never a question of ingress and egress for mineral exploration/exploitation in the buying or selling of surface rights as you stated.
Ron Hicks said:
Yes. However, there is always the question of the right of ingress and egress as may or may not be specified in the sale/purchase of the surface acreage. Also, if a well is drilled, the oil and gas company needs to make a surface lease with you, the surface owner (prior to drilling), to pay you for all damages done to the land, and you should specifiy that if the well is dry or quits producing that they MUST return the land to its original condition. You need an attorney or a good lease example. This is just a basic answer, so research will benefit you greatly. There are also certain rules which I'm sure vary from state to state on how close a well can be drilled to a home (or buildings)....
Mr. Cotten, with due respect, I disagree. When we have sold surface acreage, but retained minerals, we have always been advised to include a clause that states that we retain the right of ingress and egress. I have secured oil and gas leases on minerals we own situation under surface acreage we do not own, and one of the first questions asked by the landman is "did you retain the right of ingress and egress?" So, while this right may be inherent in the law, my personal experience has been quite different from yours.
Dear Mr. Hicks,
When you retained the mineral estate, you retained the right in ingress and egress. By law. So when you sell the surface rights as you said earlier, the mineral estate is not affected at all.
Thats why you always hear " when you cant buy the minerals dont buy the land."
So I have a questions regarding this we are looking to buy additional land in Texas (112.36 acres) and the Seller who has told us that they own 50% of the Mineral Rights has agreed to wavier their surface ingress & engress rights.
Not fully understanding this but does have this 50% wavier of surface access allow us to refuse access to the property for any minerial right actitives?
Also since it is not 100%, what are the effect of not have the other 50%, can they proceed without agreement?
Thanks for any help or if you can point me in the right direction would be great.
Yes, the other 50% has the right to produce and you won't keep them out.