What are My Rights to Oil and Gas on My Land?

Land and property owners throughout Austin, throughout Texas, and throughout the United States often wonder what rights they have to what lies beneath the surface of their land. For property owners who only own the surface to their land, the answer is that they really do not have any rights to the oil and gas on their land. So, if you own land, how do you know if you own the oil and gas rights?

Austin Title Specialists

The best way to determine if you own the oil and gas, or mineral, rights to your land is to seek a title opinion from a qualified attorney. At Shaw Cowart, our lawyers can help you determine if you own the oil and gas rights to your land, and we can handle all litigation that may result from an oil and gas rights’ dispute.

Most property and land owners recognize that obtaining a title opinion can be costly and lengthy. Large oil and gas companies will conduct the necessary title searches at some point, either before or after offering a lease for the oil and gas that may be on your land; therefore, most individual property owners will leave the title work up to the oil and gas companies.

Important Information for Oil and Gas Rights

Land owners must be aware of their rights to avoid losing money they are owed. Information to help you understand what your rights are to the oil and gas on your land includes:

  • Understand that deed language does not always state whether or not you have oil and gas rights to your property.
  • Title searches that are completed at the time you purchase the property do not usually include oil and gas rights. Typical title insurance and attorney title certificates do not include oil and gas rights.
  • Severance from surface rights may have been made many years prior to you obtaining the land. The first separation of surface rights from oil and gas rights occurred in 1859, and standard residential and commercial real estate abstract search periods are for much shorter time frames.

Austin Litigation Experts for Oil and Gas Rights

Prior to signing a lease, meet with an Austin oil and gas expert attorney at Shaw Cowart. In addition, if you have reason to believe you may not own the oil and gas rights to your property, you can enlist our help in acquiring those rights to prevent someone else from purchasing the rights. Our attorneys will help you with all of your property rights and can handle all litigation that may result from disputes in this important manner. Call today for a free consultation.


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