Is it Possible to Lease my Minerals but Restrict the Lessee from Accessing my Surface?

The answer is yes, depending on the situation.

If your acreage is in an area where there are more than one tract it is possible to lease to an oil & gas company with what is commonly known as a non-development lease. Under such a lease the company receives the right to develop your minerals but are restricted from accessing your surface. The lease must provide for pooling and when the company forms a drilling unit they will pool the various leases within the outline and plan the drill site so that it is located on a lease where they have the right to surface usage. This in no way affects the mineral acreage you have in the drilling unit. This type of lease is fairly common in urban areas and where the company is utilizing horizontal drilling procedures.

Do you have more questions regarding your mineral rights? Contact us today.

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