For solar projects, are non-executive mineral interest owners required to sign a surface waiver on lands located Texas? Everything I’ve read only mentions that the owners of the ‘mineral estate’ need to sign, but doesn’t specify whether or not it’s the executive and/or non-executive mineral owners who need to do so.
Thank you in advance!
Theoretically I believe an executive rights owner could waive the surface rights for the non-executive right owner. An executive rights holder would need to be careful as if the “waive” their surface rights they could breach their fiduciary duty to the non-executive mineral owner/NPRI owner (so I wouldn’t recommend they do it without written consent and/or joinder of the non-executive).
I would not sign a waiver without being paid!
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