Is HALF the surface rights enough?

Asked January 14, 2014, 4:11 PM EST

Please help!
We are currently under contract on a piece of land in Brazos County. The seller agreed to waive his surface rights but will retain mineral rights. We just found out that the seller only possesses HALF of the surface rights and HALF of the mineral rights. The other half of both the surface and mineral rights were retained by a seller 75 years before him. We are scared that even though we will be receiving HALF of the surface rights, that the heirs of the seller from 75 years ago (who still owns the other half of the surface rights) can choose to drill on our property.Does anyone know anything about this situation? Does our ownership of HALF of the surface rights give us the ability to keep someone from drilling on our property?


Brazos County Texas

1 Response


I am going to suggest that you contact Tiffany Dowell, our faculty member who concentrates on Agricultural Law issues. Her email is